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Trump eyes shutdown escape route: 'The law allows him to declare what a national emergency is'
The Washington Times ^ | January 8, 2019 | Stephen Dinan & David Sherfinski

Posted on 01/08/2019 5:29:44 PM PST by jazusamo

President George W. Bush flexed the National Emergencies Act in the days after the 2001 terrorist attacks, President Jimmy Carter used it during the Iranian hostage crisis, and President Barack Obama tapped it to handle the swine flu pandemic in 2009.

Now it’s President Trump who is eyeing the 1976 law, figuring it could be his ticket out of the shutdown showdown, allowing him to build his promised border wall without needing to get Congress to specifically approve the money.

The White House said no decision had been made in the run-up to Mr. Trump’s Tuesday night speech on border security, but the president was clearly eyeing the powers as a viable escape route.

Congressional Democrats and liberal activists warned of a constitutional crisis and promised they would fight any emergency declaration in the courts and in the halls of Capitol Hill.

Political analysts said Democrats would struggle to muster the votes to stop Mr. Trump in Congress, and legal analysts said they also would be hard-pressed to win with judges.

“At the end of the day, the law allows him to declare what a national emergency is,” said William Cowden, a former assistant U.S. attorney in Washington, D.C. “Whether the wall eventually gets built or not, it gives him an out to go back in and reopen government.”

Even the Democratic chairman of the House Armed Services Committee said over the weekend that the law appears to give the president emergency powers.

~snip~

“There is no invasion. There is no clear and present danger, as the president would try to convey to the American people, to scare them and to justify actions otherwise not justified,” said House Majority Leader Steny H. Hoyer of Maryland.

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


TOPICS: Crime/Corruption; Foreign Affairs; Government; News/Current Events; Politics/Elections; US: Maryland
KEYWORDS: aliens; buildthefence; buildthewall; daca; dreamact; dreamers; illegalaliens; invasion; maryland; migrants; nationalemergency; presidenttrump; stenyhoyer; trump; wallfunding
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Steny Hoyer isn't the President and the law and the majority of the American people are on President Trumps side.
1 posted on 01/08/2019 5:29:45 PM PST by jazusamo
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To: jazusamo

I’ve read that Trump can also simply use military funds to build the wall, without the drama of declaring an emergency - the border wall is certainly a legitimate and needed defense project.


2 posted on 01/08/2019 5:31:59 PM PST by AnotherUnixGeek
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To: jazusamo

The Ninth Circus will probably find a way to stop him. This is the “go to” court that the Dems rely on to obstruct Trump’s every move.


3 posted on 01/08/2019 5:34:30 PM PST by Starboard
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To: AnotherUnixGeek

In this article it sounds like to me that POTUS has to declare a national emergency to use the military, I could be wrong.


4 posted on 01/08/2019 5:38:23 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: Starboard

The courts are one of the reasons I’d rather see this play out until Dems cave. Think it is less likely courts will jump in if it happens through legislation.


5 posted on 01/08/2019 5:39:45 PM PST by teevolt
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To: Starboard

Tell the 9th circuit to FOAD and do it anyway. It’s put-up-or-shut-up time.


6 posted on 01/08/2019 5:41:15 PM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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MAGA!

Support Free Republic, Folks!

Please bump the Freepathon or click above to donate or become a monthly donor!

7 posted on 01/08/2019 5:54:17 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

As long as he has the cajones to ignore lower court stays. Let the judges open the borders themselves while wearing their robes. I’m pretty sure scotus will acknowledge the authority.


8 posted on 01/08/2019 6:02:30 PM PST by fruser1
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
Thanks jazusamo.

9 posted on 01/08/2019 6:11:10 PM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: jazusamo

Do it already...………...Build the wall!

Build IT!

Build it NOW


10 posted on 01/08/2019 6:22:47 PM PST by EnglishOnly (eWFight all out to win OR get out now. .)
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To: EnglishOnly; fruser1; SunkenCiv; All

President Trump did a great job presenting his argument to the people for border security.

The two Dems could only talk about the shutdown, pathetic!


11 posted on 01/08/2019 6:28:22 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

At the risk of being flamed, this was the worst I’ve seen Trump. Sniffling and just running sentences with no feeling. He needs the audience. Can’t master the Teleprompter like Obama.....and the speech was meaningless. He wants to meet tomorrow with democraps so they can say no again? Sorry what was the point of this?


12 posted on 01/08/2019 6:33:53 PM PST by Bommer (Help 2ndDivisionVet - https://www.gofundme.com/mvc.php?route=category&term=married-recent-amputee)
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To: Bommer

He sounded like he has a little cold. It is that time of year.


13 posted on 01/08/2019 6:34:44 PM PST by marajade (Skywalker)
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To: Bommer

In my view he laid out the points that should have been laid out, it was informative, correct and succinct.


14 posted on 01/08/2019 6:38:40 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

No you are right. But accomplished nothing. Pointing out what we’ve already knew is not stopping this, nor is it getting him any closer to getting a wall built. Very disappointing. Levin on Hannty now is making better points then Trump did.


15 posted on 01/08/2019 6:44:24 PM PST by Bommer (Help 2ndDivisionVet - https://www.gofundme.com/mvc.php?route=category&term=married-recent-amputee)
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To: jazusamo
In this article it sounds like to me that POTUS has to declare a national emergency to use the military, I could be wrong.

I could be wrong as well. If declaring an emergency is what it takes to get the border wall built, I'm behind it all the way. I just hope Trump's emergency declaration isn't immediately entangled in court rulings.
16 posted on 01/08/2019 6:44:47 PM PST by AnotherUnixGeek
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To: AnotherUnixGeek

Can’t he issue and EO to make it high treason to help an illegal with anything? food? housing? jobs? medical help?


17 posted on 01/08/2019 6:48:12 PM PST by oldasrocks
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To: Bommer

Yes, we knew everything he said but I believe people on the fence is who he got the message to, maybe even some Democrats.

I heard Levin also and he did do a good job.


18 posted on 01/08/2019 6:50:11 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: AnotherUnixGeek

I’m for it to if it comes to that but he didn’t mention it tonight.

If he can’t get the RATs to cooperate I hope he does it.


19 posted on 01/08/2019 6:53:37 PM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

They are coming to take the Democrats away to the funny farm where life is beautiful all of the time.....Pelosi and Schumer will be happy to see those men in their white suits and they are coming to take them away ha ha.


20 posted on 01/08/2019 6:55:27 PM PST by FreedBird
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