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Federal Judge Blocks Pentagon Funds Targeted for Border Wall
pjmedia.com ^ | 12/11/2019 | Rick Moran

Posted on 12/11/2019 9:30:20 AM PST by rktman

Donald Trump's dream of building a "big, beautiful wall" along the southern border took a hit yesterday when a federal judge ruled that Pentagon funds totaling $3.6 billion diverted for 11 construction projects along the southern border could not be used for wall construction.

Significantly, the judge, David Briones of the U.S. District Court for the Western District of Texas, ruled that other funds, already approved by the Supreme Court, could be spent. Those funds, which come from a Pentagon counter-narcotics fund, could still be used for wall construction.

The argument being used by the city of El Paso was that Trump overstepped his authority in declaring a national emergency along the border. Briones agreed and issued a permanent injunction against the use of the funds.

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


TOPICS: Foreign Affairs; Government; Politics/Elections; US: Texas
KEYWORDS: abuseofpower; borderinsecurity; briones; buildthewall; clintonjudge; continue; davidbriones; defensespending; lawsuit; obstructionistdems; obstructionofpotus; rapinbilljudge; ruling; thefence; trumpwall
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To: rktman

Who appointed this Commie judge? One of the Commie (P)residents? Also, how does a JUDGE get to say what the EXECUTIVE BRANCH (supposedly a co-equal branch) does with money granted to it by CONGRESS?


41 posted on 12/11/2019 10:36:03 AM PST by backwoods-engineer (Politics is the continuation of war by other means. --Clausewitz)
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To: rktman

Now we have judges ruling on military budgets.


42 posted on 12/11/2019 10:37:45 AM PST by headstamp 2 (There's a stairway to heaven, but there's a highway to hell.)
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To: TakebackGOP; DannyTN; Spruce

“The Supreme Court already ruled on it.”

The Supreme Court ruled on other major source of funds from DoD ($2.5 billion from Counter-Narcotics account). This case is about the use of Military Construction accounts ($3.6 billion).

There are some common factors that will likely apply however.

Because it was an emergency (formally declared by the President), the Supreme Court took action quickly (about a month).

Because it was an emergency, the Supreme Court likely had a strong presumption for siding with the Government (President) about imposing temporary restraint, while things drag out in Court (and then the Appeals Court).

Also, the general issue of District Court Judges (678 of them) attempting to exercise policy vetoes over the President. It has been raised repeatedly to the Chief Justice, and his oversight committees in the Legislature as a systemic problem.

The Chief Justice of the Court has said he could address this potential abuse by Judges with political bias within the Judicial Branch, without the Legislature imposing restrictions, or the Executive resorting to the confrontational tactics available to it.

So there is a good chance that either the 5th Circuit Court (likely) or Supreme Court (possible) will step in quickly, and lift this restraint on the Government until after the case and all appeals are settled. It is no surprise that the Left found a willing hack judge - but those responsible for overseeing and policing such potential abuse have been on high alert to put an end to it. So this will likely be a test case for the Legislative Branch’s ability to police itself.

There are some differences in this case.

Firstly, different laws authorize the use of those two sources of funds.

Secondly, the validity of the emergency declaration is material to this case, but not the first one.

The use of Military Construction money for wall building requires a Presidentially declared emergency, under the existing law that authorizes it (National Emergencies Act of 1976). Using DoD Counter-Narcotics funds to build border fencing, roads and lighting are specifically authorized in the separate law that established it, on a routine, standing basis.


43 posted on 12/11/2019 10:46:05 AM PST by BeauBo
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To: TakebackGOP

Lower court judges love to play at over-ruling SCOTUS on the idea that the aggrieved party does not have funds to purse the case further - and are too often right. Hopefully not in this case.


44 posted on 12/11/2019 10:48:16 AM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: deport

U.S. Army, 1964-1966

I see he spent his two years in the Army.


As a draftee


45 posted on 12/11/2019 10:49:58 AM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: NormsRevenge
Rolled out of his retirement bed to sign some document for the Party:


46 posted on 12/11/2019 10:50:04 AM PST by BeauBo
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To: BeauBo

I thought Hobbits were Fiction


47 posted on 12/11/2019 11:17:46 AM PST by butlerweave
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To: RatRipper

He can’t. It would be a YUGE mistake. This will get appealed to SCOTUS.

SCOTUS would not look favorably on Trump IGNORING a Federal District Court’s ruling when he has the right to appeal.

He has to play the game. He will WIN on appeal.


48 posted on 12/11/2019 11:20:45 AM PST by faucetman (Just the facts, ma'am, Just the facts)
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To: rktman

Just checked Wikipedia and found this , LOL

Briones is a traitor to his country and some may say that he is treasonous. He isn’t worried about his crimes because he can cross the border in 20 minutes to freedom in Mexico. Mexican Cartels are blackmailing him and he’s decided that Benedict Arnold needs some company in US history.


49 posted on 12/11/2019 11:20:58 AM PST by butlerweave
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To: rktman

Gee, another road block (no pun intended)....yawn


50 posted on 12/11/2019 11:21:05 AM PST by Jonny7797
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To: rktman

A second injunction was announced today by Leftist District Court Judge in Oakland California (Haywood Gillam, who has tried putting Nation-wide injunctions on President Trump before).

Judge Gillam put his injunction on hold, pending the outcome of appeals.

https://www.bloomberg.com/news/articles/2019-12-11/trump-blocked-by-second-judge-on-military-funds-for-border-wall

I’d guess that he was put on notice before about his over-reach, and is now hiding behind the skirts of the El Paso Judge, who is already old, and semi-retired.


51 posted on 12/11/2019 11:28:16 AM PST by BeauBo
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To: faucetman

Just like the movie Major League . . .call a press conference, throw a copy of the ruling on the ground, Trump unzips his pants and whizzes on the paper, just like the Coach did to Dorn’s contract . . . you’re right . . . I’m just dreaming . . . but that is what the ruling deserves: all the disrespect that the ruling intended for Trump


52 posted on 12/11/2019 11:28:49 AM PST by RatRipper
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To: butlerweave

“I thought Hobbits were Fiction”

That is why this guy is never seen in public barefoot...


53 posted on 12/11/2019 11:30:10 AM PST by BeauBo
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To: dware

These fools don’t realize that they are setting a precedent that will haunt them in the future. In virtually all cases of judicial interference, they are being overruled.


54 posted on 12/11/2019 11:35:37 AM PST by Professional
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To: BeauBo

Now that is what ya call Product Placement

His Johnson has an alter ego and an ID ... wonder if he has to whip it out to prove who he is ... genuine dick head


55 posted on 12/11/2019 11:58:12 AM PST by TexasTransplant (Damn the Torpedoes! Full Speed Ahead!)
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To: butlerweave

Cartel blackmail was my first thought. But it could just be hard-left ideology. Delay and obstruct.


56 posted on 12/11/2019 12:19:55 PM PST by ModelBreaker
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To: rktman

Keep building Mr. President.

This guy is nobody.


57 posted on 12/11/2019 12:21:02 PM PST by Mariner (War Criminal #18)
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To: spincaster

“Obama judge?”

You almost don’t need to look it up to verify it. Of course Ovomit’s boy.


58 posted on 12/11/2019 12:27:01 PM PST by kagnew (NN)
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To: rktman

Absolutely NO REASON for Trump to follow the law as far as I am concerned there are NO LAWS in this country any longer, continue to build the wall and just say OPPS, mistakes were made!!!


59 posted on 12/11/2019 12:28:53 PM PST by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: kagnew

“Obama judge?”
You almost don’t need to look it up to verify it. Of course Ovomit’s boy.

My bad, I got it wrong, but not by much, Clinton instead ovomit, e.g. 6 of one and a half dozen of another.


60 posted on 12/11/2019 12:30:38 PM PST by kagnew (NN)
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