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Lawyers: President Trump Can Cite a National Emergency to Build the Wall
Breitbart ^ | 8 Jan 2019 | Neil Munro

Posted on 01/08/2019 4:38:54 PM PST by E. Pluribus Unum

The White House can use unspent funds to build a wall if President Donald Trump declares a national emergency and fends off various lawsuits, say lawyers cited in media reports. The New York Times reported:

The Trump administration could point to two laws and say they allow officials to proceed with building a border wall without first obtaining explicit authorization and appropriations from Congress, according to Elizabeth Goitein, who oversaw the Brennan Center’s study and is a co-director of its Liberty and National Security Program.

One of the laws permits the secretary of the Army to halt Army civil works projects during a presidentially declared emergency and instead direct troops and other resources to help construct “authorized civil works, military construction and civil defense projects that are essential to the national defense.”

Another law permits the secretary of defense, in an emergency, to begin military construction projects “not otherwise authorized by law that are necessary to support such use of the armed forces,” using funds that Congress had appropriated for military construction purposes that have not yet been earmarked for specific projects.

(Excerpt) Read more at breitbart.com ...


TOPICS:
KEYWORDS: again; alieninvasion; aliens; buildthefence; buildthewall; daca; dreamact; dreamers; illegalaliens; invasion; nationalemergency; nationalsecurity; postedseveraltimes; trumpwall; wall

1 posted on 01/08/2019 4:38:54 PM PST by E. Pluribus Unum
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To: E. Pluribus Unum

Good. Get er done.


2 posted on 01/08/2019 4:40:58 PM PST by Kudsman (Democratics suck.)
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To: E. Pluribus Unum

Problem is that administration folks have been out throughout the day saying that Trump won’t be invoking it. Don’t know why they had to signal that before Trump speaks.


3 posted on 01/08/2019 4:42:46 PM PST by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: E. Pluribus Unum

Bump!


4 posted on 01/08/2019 4:45:53 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: E. Pluribus Unum

I read a comment here that the names of Americans killed by illegal aliens should be engraved on the wall. What a great idea but I can’t find the post now to give the FReeper credit.


5 posted on 01/08/2019 4:46:29 PM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: Reno89519

I don’t think it’s off the table. He’ll hold it as his ace if Chuck and Nancy refuse to come to the table.


6 posted on 01/08/2019 4:49:42 PM PST by Not A Snowbird (Furloghed and okay with it. BUILD THE WALL!)
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To: E. Pluribus Unum
"THE DEMONRATS DON'T WANT A PERMANENT WALL BECAUSE A PERMANENT WALL CANNOT BE UNDONE BY A FUTURE DEMONRAT PRESIDENT"

Drones can be undone overnight, therefore the Dems would agree to drones..

Sensors can be undone overnight, therefore the Dems would agree to sensors..

A PERMANENT WALL CANNOT BE UNDONE, THEREFORE THE DEMS WOULD NEVER AGREE TO IT!! THIS IS WHY THE WORD "WALL" SCARES THEM SO MUCH!!

President Trump needs to tell the Americn people the TRUTH about WHY the DemonRats do NOT want a WALL!!!

7 posted on 01/08/2019 4:53:43 PM PST by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: E. Pluribus Unum

Emergency defined as per The United States Code Title 42, Chapter 68, Subchapter I, §5122 -

“Emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.”

The President is on firm legal grounds.


8 posted on 01/08/2019 4:55:52 PM PST by ScottfromNJ
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To: E. Pluribus Unum

whatever it takes. Obamatard never needed a reason for anything if he wanted it...


9 posted on 01/08/2019 5:17:03 PM PST by max americana (Happily Fired every stupid liberal at every election since 08' at work. I hope all liberals die.)
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To: E. Pluribus Unum

Do it! Do It! DO IT! :)


10 posted on 01/08/2019 5:17:55 PM PST by Diana in Wisconsin ( "Why can't you be more like Lloyd Braun?")
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To: ScottfromNJ

Trump may be on firm legal ground. That won’t stop the Democrats shopping for a judge who will issue an injunction.


11 posted on 01/08/2019 5:25:03 PM PST by bobcat62
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To: CivilWarBrewing

You are exactly right. A Democrat president could quietly and easily undo border patrol people and other “non-physical” barriers. It would not be so easy or politically palatable for that same president to get a wrecking crew to tear down the wall.


12 posted on 01/08/2019 5:43:21 PM PST by Mozzafiato
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To: bobcat62

You are correct; all the more reason for Trump to shop a judge, establish the court’s jurisdiction and maybe even obtain the rule BEFORE he issues the decree.

Perhaps that is what he is working on .... remember how he suggested after the last 9th court circus that he would work to prevent such judicial shopping in the future?


13 posted on 01/08/2019 6:49:20 PM PST by beancounter13
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To: beancounter13

All Trump really needs is for 1 judge to simply say, “I have national jurisdiction on this issue and all cases from here forward must go through my court.”

That is what the dem judges do when they issue ‘nation-wide injunctions’.


14 posted on 01/08/2019 6:52:36 PM PST by beancounter13
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To: E. Pluribus Unum

Bump


15 posted on 01/08/2019 7:11:26 PM PST by foreverfree
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To: E. Pluribus Unum

Wait a minute, just yesterday, Eddie Munster was on FOX News telling me POTUS could not sign an EO claiming the border issue was a national emergency.

I thought Eddie knew it all.


16 posted on 01/08/2019 7:22:17 PM PST by Kevin in California
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To: Reno89519

They were referring to the speech he was getting ready to give - not to his whole game plan.


17 posted on 01/09/2019 4:25:04 AM PST by trebb (Put your money where your mouth is - or be deemed "empty hot air worthless")
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