What did i tell you?

PainfulTruth · 2019-01-27T10:45:57-05:00

Politics - What did i tell you? (Quote) (33 replies).

“Now, therefore, I, Donald J. Trump, by the authority vested in me by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C 1601, et seq.), hereby declare that a national emergency exists at the southern border of the United States,” it adds.

Since Congress has not allocated border wall funds, the proclamation would pull funds from various sources.

The proclamation reportedly proposes pulling “$681 million from Treasury forfeiture funds, $3.6 billion in military construction, $3 billion in Pentagon civil works funds, and $200 million in Department of Homeland Security funds,” an administration official told CNN.

If the proclamation is enacted, it would require the U.S. Army Corps of Engineers to build the wall, including seizing some private land on which the wall would be built.

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windinhishair · 61-69, M

So you're reporting on something that might happen? If so, it will immediately be challenged and end up in the court system.

MistyCee

@windinhishair And not fare well there, in all likelihood.

Trump gets away with making up facts and telling his followers not to believe anything to the contrary in the press,but that's going to fly so well in the Courts, and while Trump undoubtedly has the power to declare a genuine emergency, he's going to have to defend this trumped up one in court, to judges who are not inclined to take kindly to lies and evasion.

On top of that, the circumstances surrounding the timing of this sudden emergency are arguably relevant, including not just the border situation itself, but Trump's statements, the Mueller investigation, indictments, etc.

And it's going to get ugly. Eminent Domain cases usually are, but in this case, it's not just due process, but also separation of powers and executive privilege ones as well, which may be sticky precedent down the road if Trump has to explain how the decision to act unilaterally was made.

I think declaring an emergency is a much better threat, much like shutting down the government, than it is a viable strategy. Even if Trump ultimately wins in Court, he'll lose more in terms of bad publicity.

windinhishair · 61-69, M

@MistyCee The "National Emergency" argument will almost certainly fail in court. It will be hard to justify when border crossings are at close to a 50-year low, and crime is also trending down. Even Trump's appointed judges would have a hard time ruling in his favor based on the law.

There are still eminent domain cases pending from wall extensions that were approved in 2006. Many of them, actually.

If such a declaration was viable, Trump would have done it a couple of days ago instead of capitulating.