[U] A Bit Of The Federal Litigation That Will Now Halt Trump’s Adderwall®…

Since the House Democrats’ vote to “override” the veto (by Trump) failed today — and thus kept his “faux wall emergency” moving toward some future deployment — we turn next to no fewer than six separate federal lawsuits seeking to enjoin Trump’s. . . lawless slush-funded appropriations attempts, to subvert the Congressional budget process and Appropriations Act.

After completely losing — in the longest shutdown in US history, 45 was expressly forbidden by the Congress from using any more than $1.375 billion for any wall. Thus he now seeks to violate Article I, Section 9 (Clause 7) of the US Constitution (which exclusively bestows on Congress the right to appropriate funds). So, we will set out a bit of why. . . he will shortly be enjoined.

This is from the 19 page complaint at law in Alvarez v. Trump (Case No. 19-404), now pending in the federal courts of the District of Columbia, before Judge McFadden. Here are just a few of the many ways in which Trump has failed to properly invoke the National Emergencies Act, and failed to comply with federal law, more generally:

. . . .On February 14, 2019, Congress passed an appropriations bill that provides $1.375 billion for 55 miles of new fence along the border in Texas. Despite the President’s repeated requests for $5.7 billion for 234 miles of steel wall, and despite the President’s earlier decision allowing the government to shut down because Congress declined to appropriate money for that wall, Congress again appropriated no money for a steel wall. . . .

On February 15, 2019, the President signed the appropriations bill into law. That same day, he signed a proclamation declaring a national emergency under the National Emergencies Act (NEA). . . . 50 U.S.C. § 1621 of the NEA authorizes the president to access “special or extraordinary power” conferred by Congress for use during a national emergency only when a national emergency exists. . . .

In answering a press question about the Declaration, the President conceded that the situation at the southern border does not require a declaration of national emergency. He stated: “I could do the wall over a longer period of time. I didn’t need to do this, but I’d rather do it much faster. . . .

[Under 10 U.S.C. § 2808(a)]. . . the planned border wall is not a “military construction project” that is “necessary to support. . . use of the armed forces. . . .”

In the Declaration, the President declared that the “emergency” requires use of the Armed Forces and invoked the construction authority provided by 10 U.S.C. § 2808. . . . Because the requirements for invocation of 10 U.S.C. § 2808 are not satisfied, reliance on section 2808 to authorize use of funds appropriated for other purposes usurps legislative authority conferred by the Constitution on the Congress. . . . President’s direction to use the authority set forth in 10 U.S.C. § 2808 for the purpose of constructing a border wall is ultra vires and violates the separation of powers [of US Const. Article I, Section 9]. . . .

Now you know. Onward, but once again “he is all hat, no cowboy” — there is no there, there. . . either. Updated: April 4, 2019 — for a complete record, only — he is the Trump team’s largely meaningless motion to dismiss — it spends 60 pages to say largely. . . nothing.


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