~ Where the Sun Will Never Set on Our liberty ~
President Trump unveiled his plan Monday to address the nation regarding his ongoing budget battle with Congressional Democrats; saying he will speak to the American people Tuesday evening “on the Humanitarian and National Security crisis on our southern border.”
“I am pleased to inform you that I will Address the Nation on the Humanitarian and National Security crisis on our Southern Border. Tuesday night at 9:00 P.M. Eastern,” tweeted the Commander-in-Chief.
Donald J. Trump
I am pleased to inform you that I will Address the Nation on the Humanitarian and National Security crisis on our Southern Border. Tuesday night at 9:00 P.M. Eastern.
1:44 PM - Jan 7, 2019
The announcement comes just hours after Press Secretary Sarah Huckabee Sanders confirmed the President’s plan to visit the border Thursday; when he’ll meet with local officials and federal border patrol agents.
It is my belief that President Trump WILL advise us that he is declaring the border a National Emergency. This will enable him to start wall construction finally! He is done playing around with the left! GO TRUMP!
President Trump to Address Nation Tuesday Night on ‘Crisis on Our Southern Border’; Will Visit Border Thursday
President @realDonaldTrump will travel to the Southern border on Thursday to meet with those on the frontlines of the national security and humanitarian crisis. More details will be announced soon.”
Reminder: US ARMY CORP OF ENGINEERS said they could build the wall if ordered
Its been done before
CBS News highlighted section of US code that allows Trump to use emergency powers to build the wall, the same authority was exercised by George W Bush in after 9/11.
After saying that the federal government could use eminent domain to secure the land for the wall, Trump responded to a question about using his emergency powers to build the wall with a definitive "yes."
"Absolutely, we can call a national emergency. I haven’t done it. I may do it. I may do it. We can call a national emergency and build it very quickly."
"It’s another way of doing it. If we can do it through a negotiated process, we’re giving that a shot."
According to the ABC News report, discussions about declaring a national emergency have been happening at "a working level" and that discussions have intensified as Democrats have continued to insist that they won't approve any funding for a border wall, and Trump has insisted that he has no intention of capitulating. On Friday, Trump rattled anxious furloughed federal workers by saying the shutdown could persist for "months or years".
Lawyers: President Trump Can Cite a National Emergency to Build the Wall
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.
“I think that it’s possible that the president could declare a national emergency and then rely on authority Congress has historically granted for exigencies to free up some funds to support constructing a barrier along the border,” William Banks, a Syracuse University law professor and the author of the 1994 book National Security Law and the Power of the Purse, told the New York Times.
According to the Wall Street Journal:
Currently, $13.3 billion in the Pentagon budget may be available, according to a congressional aide, enough to cover the $5 billion that Mr. Trump is seeking for the border wall. That would have to be diverted from projects such as military housing that Congress previously authorized.
Steve Vladeck, a law professor at the University of Texas at Austin, said that without a statutory definition of “emergency,” courts are unlikely to second-guess the president’s judgment on that. The National Emergencies Act envisions that political checks, rather than litigation, will prevent abuse of executive authority, Mr. Vladeck said.
The Los Angeles Times said:
Legal experts say the act gives the president the power to declare a national emergency. But the act does not require presidents to prove a crisis exists to declare an emergency — it’s at their sole discretion.
Congress can terminate a declared emergency, but it requires a two-thirds majority in both chambers, according to Loyola law professor Jessica A. Levinson.
[Kim Lane Scheppele, a legal scholar and professor at Princeton University’s Center for Human Values] said if Trump “continues to make the case that the wall is necessary to prevent terrorists from entering the U.S., then he may be able to make the case that building a wall has a military purpose and he has a freer hand.”
DT's speech was FACTUAL. He finally made it clear that it is not all exclusively about a "Wall" -- but national security. That it is not only about immigration and border law enforcement but the very safety of our citizenry; neighborhoods; and our families.
As for what followed w/ up-Chuck and Nancy stretch-eye-strong Pelosi was simply predictable BLLSHT! All I had to do was hear Pelosi's first few words to KNOW that they were already as prefabricated as that "caravan" / invasion. I instantly flipped channels to watch "Everybody Loves Raymond". When sitcoms were actually about comedy and not about the liberal agenda.
Was the speech affective? I don't know. But I have no doubt that the portion of the country that despises DT also despise America's very founding. Will DT's supporters turn on him if he folds republican style (w/ yet another OVERspending bill w/ no significant $$$ for EFFECTIVE border security)? Maybe.
And what the GOPers? They lost the HoR because they HAD control of BOTH chambers -- yet...ONCE AGAIN they did SQUAT about this immigration and border problem. We may lose the Senate the next go'round.
As for his delivery of the speech -- I will not compare him to the way Obama read the teleprompter. BO is the master. But DT's speech did lack that passionate RESOLVE he has always expressed during his rallies. .Imo, he should have shown his disgust. He should have been more elaborate about Pelosi's; Schumer's and Obama's HYPOCRISY over this problem.
In a few days gov't worker will...or will not...get paid. Trump also called on the American people to CALL their reps to demand the additional funding needed. Will the people comply? Hmmm. I don't think they have since 2010. jmho
The s POTUS walked out of a bllsht meeting w/ up-Chuck and stretcd-eye-strong. As well he should have! He'll be at the border next. I hope that DT emphasizes the FACT that just last year the top dems had okayed $30B for border. And now it's gone.
If anyone truly DON'T CARE about the US citizens that won't be getting paid IS the dems! Sadly, I don't believe that the majority will see it that way.
There will be protests in front of the WH. I have no doubt that it will be about cursing out Trump. W/ little or NO blame towards the dems. If that's the case, then I'll KNOW that the protests were organized by the very same usual sispects that released the radical rabid gangs known as OWS, BLM, Antifa, the "caravan" and the like.
The worst is yet to come. But I suspect many GOPers in the HoR and especially the Senate...spineless horse crap they ALWAYS are...WILL bail on DT's convictions to favor and PLACATE the media. If that happens -- it won't surprise one bit if DT decides NOT to seek a second term. DC is OWNED by the left.
Totally agree, Luis! I saw earlier that Antifa is planning massive riots across the country if Trump declares a National Emergency at the border.
I say BRING IT!
The first signs of crumbling?
Lisa Murkowski (R-AK) is standing w/ Chucky & Nancy by pleading for a CR. Then thcoul cd address the border. Does she not understand that such promises had been made by the democrats since the Reagan era; or is she in a state of perpetual BRAIN FREEZE?
Who'll be next? Collins? Snowe? Sasse? We already know where Romney stands.
This from Mark Levin! Mark stated that Trump can do this! I'll take Mark's word over anyone.
Presidents are free to deploy our troops to 140 countries without congressional authorization and build all sorts of wall and infrastructure in these countries, yet we are told a president can’t take a basic defensive action to repel an invasion of our own country: the construction of a wall twice authorized and even mandated by Congress. In reality, while it would be better for Congress to explicitly fund a new wall, the president is right to leverage the debate by threatening to use power Congress has already delegated to at least begin constructing portions of the wall. Whether we agree with such delegation or not, there is no more appropriate situation in which it should be used than with our own border.
Obviously, absent congressional authorization to expend funds, the president lacks any inherent authority to spend money. Article I, Section 9 unambiguously states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” However, in this case Congress has explicitly authorized fencing at the border, and although it did not appropriate the funding, the president can rely on funding through a declaration of a national emergency. Whether this rises to the level of an emergency or not is the subject of a political debate that should be settled between the political branches, not the courts.
Section 2808 of the Emergencies Act of 1976 allows the secretary of defense to “undertake military construction projects” that are “not otherwise authorized by law that are necessary to support such use of the armed forces” in the event that the president declares a national emergency. A parallel statute, <33 U.S. Code § 2293, allows the secretary, during such a declared emergency, to redirect “the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.” There are no parameters governing the criteria for such a declaration or defining the types of projects that might be in order. The only thing the secretary of defense has to do is to communicate the nature of the decision and its costs to the relevant congressional committee, but he does not need to obtain congressional approval. One might legitimately feel uncomfortable with such broad authority delegated to the president, but nonetheless, this is the law on the books. Congress has delegated a lot of authority to the president for the purpose of protecting our sovereignty and security, not for nullifying immigration law and sovereignty, as Obama did with the DACA amnesty. Thus, any comparison to Obama is absurd. Nothing about these sections should be justiciable in a court, but according to our courts, everything is justiciable. Nobody should get standing to sue in this case. If Congress doesn’t like what Trump does, it has many tools to check him. Seemingly, the president would need some sort of deployment of troops that the wall would be supporting, in order to fulfill Sec. 2808 authority, but that is not required for Sec. 2293 authority. However, the president, in my view, would be wise to deploy our military anyway. As I’ve chronicled in my series on the border, the threats from the cartels and the degree of violence on our border are quite literally the reason why we have the military, not to spend $125 billion on rebuilding Kabul. As for Sec. 2293, I can’t imagine what is more essential for “national defense” than blocking the most dangerous transnational criminal networks from placing spotters on our soil monitoring all of our border agents for the purpose of bringing in drugs, gangs, criminals, and terrorists. Let’s not forget that on October 26, 2017, President Trump used a 1944 statute to declare a public health emergency with the opioid crisis. Well, given that the entirety of the crisis is coming from our southern border, brought in by violent cartels and facilitated and fueled by cross-border migration, that makes this a national defense emergency as well. But his authority is even stronger in the field of combating drug smuggling, even without the declared health crisis. 10 U.S.C. § Section 284 allows the secretary of defense, upon request from federal or state law enforcement dealing with drug trafficking, and in conjunction with the secretary of state, to “provide support for the counterdrug activities or activities to counter transnational organized crime.” Subsection b(7) allows the DOD to provide help in the form of “construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.” This is not some parsimonious loophole for an excuse to build a wall. This is the whole enchilada, folks. The main reason we need a wall is to combat the smugglers and the cartels who use the migration to bring in their contraband and dangerous criminals. Last October, the DOJ designated MS-13, Cartel de Jalisco Nueva Generacion (CJNG), Sinaloa Cartel, and Clan del Golfo as transnational crime organizations (TCOs). We can haggle over the definition of “fence” in this statute as opposed to a wall, but the point is the same. Either way, the determination of such an emergency is subject to political debate, not a legal debate. None of us like broad delegated authority on appropriations, but given that Congress has delegated such authority to spend money, I have no problem using it on a project that has already been authorized under statute. It’s not just the drug trafficking statute. Section 102(a) of the 1996 IIRIRA provides that the secretary of homeland security “shall take such actions as may be necessary to install additional physical barriers and roads … in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.” The Secure Fence Act of 2006 mandated that DHS “construct fencing “along not less than 700 miles of the southwest border.” While there is some ambiguity as to the floor of the mandate, a 2017 Congressional Research Service report makes it clear there is no ceiling on the authorization a president has in terms of mileage and prototype. “Indeed, nothing in current law would appear to bar DHS from installing hundreds of miles of additional physical barriers,” it contends, “at least so long as this action was determined appropriate to deter illegal crossings in areas of high illegal entry or was deemed warranted to achieve ‘operational control’ of the southern border.” There are tens of billions of DOD funds that are unspent at this point and will be used for more nation-building and refereeing of tribal warfare in the Middle East. If we are going to acquiesce to lax congressional oversight and robust delegation of authority to build walls for the Afghani military, then you better believe we can use this delegated authority to build our own wall against an invasion of cartels, gangs, criminals, and migrants. Declaring an emergency at our border is something that must be done anyway – border wall or no border wall. Deploying our military is something that should have been done a long time ago to combat the cartels. The border wall has been authorized numerous times by Congress. To use the existing emergency and its delegated authority to redirect funding for the wall Congress has owed us for a while might not be the best solution, but it is the only lawful one until Democrats are forced to care more about the security of Americans than they do about their endless voter registration drive. https://www.conservativereview.com/news/yes-the-president-has-the-a...
JUST IN: White House Lays Groundwork to Declare National Emergency to Secure Border Wall Funding
White House lawyers are laying the groundwork to declare a national emergency to secure funding for the border wall.
According to Fox News, the White House has directed the Army Corps of Engineers to see if it can divert money to funding the border wall from disaster funding.
CHAD PERGRAM: Fox confirms White House directs Army Corps of Engineers to see if it can divert money to border wall from disaster funding bill to cover wildfires in California, hurricanes in Texas, Florida and Puerto Rico
The emergency funds would come from the Pentagon’s budget for disaster relief and construction projects that have previously been approved by Congress but not yet spent.
According to the Washington Post, Trump asked the Army Corps whether construction could begin within 45 days.
White House lawyers are preparing a legal defense — something that the President has anticipated which is why he has been addressing the nation about the crisis on the border and attempting to negotiate with Democrat leaders.
President Trump has the backing of many Republican allies including Senate Judiciary Chairman Lindsey Graham who called on Trump to use emergency powers to build the wall.
“Speaker Pelosi’s refusal to negotiate on Wall/Barrier funding – even if the government were to be reopened – virtually ends congressional path to fund Wall/Barrier,” Graham said Thursday.
“Time for President Trump to use emergency powers to build Wall/Barrier,” Graham added.
President Trump has done everything possible to negotiate with Speaker Pelosi and Senate Minority Leader Chuck Schumer, however; the two Democrat leaders refuse to work with him on border security.
The President made it clear that he would declare a national emergency to secure funding for the border wall if he could not strike a deal with Pelosi and Schumer.
On Wednesday, House Speaker Nancy Pelosi told Trump that she wouldn’t even fund the border wall if he reopened the government, which means the Dems will never compromise, even if they get their way.
President Trump told Pelosi “Bye-Bye!”
President Trump traveled to McAllen, Texas Thursday where he suggested that the declaration could happen at any moment.
PURE EVIL: Nancy Pelosi WON’T TAKE MEETINGS with Any US Citizen Whose Family Member Was Killed by Illegal Alien (VIDEO)
36-year-old paramedic Paul Besaw was killed alongside his paramedic colleague, 51-year-old Lahiri Garcia, when they were struck and killed by a drunk illegal immigrant in February 2017.
Palm Beach County records show the driver Genaro Delacruz Alqui was cited several times for traffic violations over the years.
Paul Besaw’s wife Dawn Witherspoon joined Elizabeth MacDonald on The Evening Edit to discuss the recent comments by Nancy Pelosi downplaying the murders and homicides by illegal aliens.
Dawn went off on the heartless Democratic leader!
This was powerful!
Dawn Witherspoon: I am disgusted by Nancy Pelosi. It is unbelievable that we have politicians in our country that do not care about our people! And she said it numerous times!
But Pelosi doesn’t really care what Dawn has to say.
Speaker Nancy Pelosi refuses to meet with any of the family members whose loved ones were killed by illegal aliens.
Pelosi doesn’t care.