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Trump can't divert military funds for border wall, federal appeals court says
CNN ^ | June 26, 2020 | Priscilla Alvarez

Posted on 06/26/2020 11:33:25 AM PDT by rdl6989

The Trump administration doesn't have the authority to divert Pentagon funds to construct additional barriers on the US-Mexico border, a federal appeals court ruled Friday, days after President Donald Trump's visit to a section of the wall in Arizona. In a 2-1 ruling, the 9th US Circuit Court of Appeals said that the transfer of $2.5 billion circumvented Congress, which holds the authority to appropriate money.

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


TOPICS: Front Page News; Government; Mexico; US: Arizona; US: California; US: Florida; US: New Mexico; US: New York; US: Texas
KEYWORDS: 9thcircuit; 9thcircus; arizona; borderwall; california; clintonnonnews; cnn; florida; mexico; newmexico; newyork; ninthcircuit; ninthcircus; priscillaalvarez; teamemmetsullivan; teamsoros; texas; trumpwall
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To: rdl6989

ok deduct it from the judicial funds from the 9th court.


41 posted on 06/26/2020 1:55:36 PM PDT by meridenite
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To: Hulka

And no new starts.


42 posted on 06/26/2020 1:56:08 PM PDT by gov_bean_ counter (AOC the bartender would have had to work on the second floor at Miss KittyÂ’s saloon...)
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To: Timmy

So did I. I don’t think the SC will agree with the ruling.


43 posted on 06/26/2020 2:35:44 PM PDT by fortheDeclaration
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To: Timmy

Me too. There is a specific law that Allows the president to shift funds after an emergency deceleration. Congress themselves gave the president that power. The courts are lawless though. They rule according to their personal feelings and not the law.


44 posted on 06/26/2020 2:36:15 PM PDT by Revel
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To: Hulka

Nope. He can do it without any approval because he made an emergency declaration. That is the law. The law that was written and passed(Back in the 90’s I believe) gives congress the right to vote by 2/3rds vote to overrule the president. They tried that already and did not succeed. The judges on the 9th who made this ruling need to be slapped down by the USSC. They are not real judges. They have no respect for the law.


45 posted on 06/26/2020 2:40:32 PM PDT by Revel
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To: rdl6989

Who’s stopping him?


46 posted on 06/26/2020 2:55:18 PM PDT by beethovenfan (Mene, Mene, Tekel, Upharsin)
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To: rdl6989

Isn’t this another lawsuit by environmental groups? Didn’t the SCOTUS rule last year that they had no standing as to how DOD funds are spent?


47 posted on 06/26/2020 2:56:26 PM PDT by yuleeyahoo (The nation which can prefer disgrace to danger is prepared for a master and deservesrouone. Hamilton)
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To: rdl6989

Can he build Fort Trump instead? It’s 2000 miles long and about 100 feet wide.


48 posted on 06/26/2020 3:08:14 PM PDT by KarlInOhio (In 2016 Obama ended America's 220 year tradition of peaceful transfer of power after an election.)
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To: rdl6989

Emergency appeal.

Decision is clear BS.


49 posted on 06/26/2020 3:10:31 PM PDT by Mariner (War Criminal #18)
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To: rdl6989

Just tuck the DHS unded the DoD.


50 posted on 06/26/2020 3:16:21 PM PDT by 9YearLurker
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To: Revel

Not that simple. Working in DC I saw a lot of evil at work, and Trump is fighting evil and needs our support. The PB is defined and explicit and emergency or not, he has to reprogram funds.

Have a nice day.


51 posted on 06/26/2020 3:40:20 PM PDT by Hulka
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To: Hulka

I am sorry I may be misunderstanding. DOD discretionary funds not allocated to a specific project can be diverted by the President as the CINC. He does not need congressional approval for that. Those funds are allotted as part of the budget annually for the DOD and the CINC to utilize for such things as extended deployments, cost overruns etc.. Those are the funds Trump already spent, the $5 million. Congress allocated (I believe) $10 or $15 million in the current DOD budget for “border security.”


52 posted on 06/26/2020 4:08:31 PM PDT by OldGoatCPO (No Caitiff Choir of Angles will sing for me)
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To: Saltmeat
This decision by the 9th Circus of Appeals is nothing more than a stall and delay tactic. This decision will not prevail.

This decision by the 9th Circus of Appeals should be ignored by the President, the court has absolutely no jurisdictional authority to make it. The military is under the control of the President only and he can deploy them to defend the Southern border if he wants to and instruct them to build the wall to defend the border.

53 posted on 06/26/2020 5:30:09 PM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: MinuteGal

MinuteGal wrote:

“Another FR thread is reporting on the surge of the virus in the border states.....the disease spreading at a great rate from crossovers, illegals in our jails down there, etc.
The Supremes must over-rule the treasonous Ninth Circus so the President can continue to BUILD THAT WALL!

Leni”

Yes, open borders in times of pandemic is insane....


54 posted on 06/26/2020 6:43:53 PM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000)
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To: ScottfromNJ

So why did they do this? Just making trouble aren’t they?

Isn’t this like contempt of the SC?


55 posted on 06/26/2020 7:02:55 PM PDT by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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To: rdl6989

President Trump will ignore the 9th Circus.


56 posted on 06/27/2020 1:25:44 AM PDT by Candor7 (Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: rdl6989

“Some laws are more equal than others” , per the Ninth Circuit, and George Orwell...


57 posted on 06/27/2020 1:32:17 AM PDT by mrsmith (Dumb sluts (M / F) : Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: gov_bean_ counter

Yes, thank you.


58 posted on 06/27/2020 5:31:31 AM PDT by Hulka
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To: OldGoatCPO

I understand the position. “Discretionary” doesn’t mean what it means to everyday Americans like you and me.

“Discretionary spending refers to the portion of the budget that is decided by Congress through the annual appropriations process each year. These spending levels are set each year by Congress.”

You see, “discretionary” spending is not “discretionary” the way we understand it. It means Congress authorizes and appropriates budgets for specific programs (line items in each executive branch department/agency). There are line items that can be used to DOD operations that are not specifically stated, and contingency ops budgets are there BUT are for emergency or immediate response to a threat.

https://spendingreform.org/spending-faq/#:~:text=What%20is%20the%20difference%20between,it%20is%20not%20authorized%20annually.&text=Discretionary%20spending%20is%20spending%20that,by%20the%20House%20and%20Senate.
“What is the difference between mandatory and discretionary spending?
Mandatory spending is spending required by statutory criteria: it is not authorized annually. Examples of mandatory spending include Social Security, Medicare, and Medicaid.
Discretionary spending is spending that must be authorized annually and appropriated by the House and Senate. Examples of discretionary spending include Defense, Education, and Transportation allocation.”

DOD Budget for 2021:

Page 15 of 308: https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2021/FY21_Green_Book.pdf

I didn’t see anything these ref border wall.

(Before we go further, my son is a Border Patrol Agent that actually shot a drug smuggler that tried to kill him.)

“Chapter 2: Base Budget, War Funding and Supplementals

(Page 27 or 308)
“This chapter provides data on war and supplemental funding for the Department of Defense since FY 2001, in addition to the base budget. War and supplemental authorities presented here include the American Recovery and Reinvestment Act of 2009, disaster assistance, the Global War on Terror, Overseas Contingency Operations, and FUNDING FOR OTHER EMERGENCY AND UNANTICIPATED URGENT REQUIREMENTS.”

BUT, there is a single reference to Border funds, page 31 of 308, first entry: “Disaster Relief/Border Security”
There are duplicate entries for each Service.
Each entry has a footnote: “31. Public Laws 116-20 (Additional Supplemental Appropriations for Disaster Relief Act, 2019) and 116-26 (Emergency Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019)”

I have to leave now, so unable to look up the law for reference.

Anyway, wishing you a good day and relax, my FRiend, take care.


59 posted on 06/27/2020 11:03:37 AM PDT by Hulka
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To: rdl6989

SCOTUS must step in yet again. Those appellate lawyers are making a fortune.


60 posted on 06/27/2020 12:39:11 PM PDT by Eleutheria5 ("SHUT UP!" he explained.)
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