FY 2019: 242,217
Most are being released into the interior. Imagine the number that are not being apprehended...It's a free for all.
Posted on 02/16/2019 5:45:24 AM PST by LS
My source on all things courts and legal, Zen Master, has weighed in with some excellent information on the path ahead for the Declaration of Emergency.
1. For a case to be heard, it must meet at least these three conditions: standing, ripeness, and aggrieved party.
First, standing: the DoE only affects four states: TX, NM, AZ, and CA.
Only a party in one of those four can bring a suit in the Ninth (CA/AZ), Tenth (NM), or Fifth (TX) Circuit Courts. But even before you can do that, you must be an aggrieved party, meaning you must show direct immediate harm from what is happening (i.e., building the wall). Watch how this plays out in a moment.
Now, it's frequently argued here that a "friendly" party can bring a case immediately in a "friendly" venue (such as the Fifth, which is mostly GOP/conservative but not unanimous).
No. A court would view this as a type of fraud, since the two parties are considered "friendly" and would rule it an abuse of the court. It would be tossed. I don't know, but there might even be legal penalties for bringing such a suit.
Second, this is different from the Travel Ban, which was national and enabled a Hawaiian judge to put a stay on it. Again, this is region and state specific, meaning it will only affect the Ninth, Tenth, and Fifth---but not until the wall starts going up in those states.
Third, no challenge can be brought until a case is "ripe." In OH, Gov. DeWine said he will sight the "Heartbeat Bill," which PP will challenge. But he hasn't signed it yet, so there is no challenge yet.
No "wall" challenge can be made until the case is ripe, meaning until Trump ACTUALLY SPENDS DoE MONEY TO BUILD SOME OF THE WALL.
2. That brings us to the emergency declaration. Congress has already authorized, and Trump signed (which many of you did not want him to sign) a bill with $1.375b to start building the wall.
Trump has also invoked two statutes, 31 U.S.C. section 9705 and 10 U.S.C. section 284 to spend about $3.1b. These statutes don't require an emergency declaration.
There is a third statute, 10 U.S.C. section 2808 with $3.6b which does require an emergency declaration.
Here's the genius of how Trump is doing this: the money will be spent sequentially, with the $3.6b designated under 10 U.S.C. section 2808 (the national emergency money, if you will) spent last.
Trump will spend about $4.7b before he ever gets to the DoE money---and that's the only point at which that DoE can be challenged.
3. Now, there WILL be a Congressional challenge to the authority to do issue this declaration in DC almost immediately, and that (says Zen Master) will be struck down both on standing and ripeness grounds.
4. Go back to standing: the case cannot come up in the Ninth or Tenth Circuses until wall building WITH DoE $$ actually starts there.
Finally, precisely because Congress has just authorized $1.75b for the wall---regardless of the qualifiers---it cannot be argued that Trump's wall is something different (i.e, somehow unconstitutional). In other words, by passing the bill---and by Trump signing it---Congress just MADE IT 100% LEGAL.
Prove it.
He’s bi? News to me.
This brightened up my day. Sure hope your Zen man is right on this.
FY 2019: 242,217
Most are being released into the interior. Imagine the number that are not being apprehended...It's a free for all.
He has a relative who is lesbian, but I have never heard a rumor of him being bi-sexual, until now that is.
“Get ‘em hooked good and they’ll turn on their Demorat masters “Whaddya mean you gota take away Fed money for TheWall? That’s our money!”
This has NEVER failed everywhere it’s been tried. ”
Yes. This is essentially the Marxist/Democrat playbook in its entirety. Everyone believes the Democrats get their way by threatening or blackmailing (John Roberts, for example). But that is only tiny sliver of their playbook, rarely if ever used. How they get their way and get the unwavering loyalty that seems so baffling and get their “opposition” to step aside or look the other way is by funneling massive $$$ their way. If we knew the truth of the matter, likely more than half the elected Republicans in Congress are raking in Democrat “carrot” money...and acting accordingly.
Some ting wong.
He has kids. Remember the picture of him with the other gay guys at his table. I’m assuming.
“..I believe he is 100% blackmailed under Obama’s /Jarret/Soros control via his illegally adopted kids plus his bisexuality.”
No one is ever 100% blackmailed. When the down-side tactic is used, it is always, always accompanied with a significant payoff for taking the “appropriate” action. It’s never just “do this or we will screw you over”. There is always “but if you do this we will make you ver happy you did” that goes right along with it. They always remember that honey draws more flies than vinegar.
If this were known to be hanging over the head of Chief Justice John Roberts, or any other of a myriad of possible threats to the well being of Justice Roberts, his family and/or reputation, the Trump & Company surely knows it and they too would appear to have the ability to call him out, if he can’t stop legislating from the dang bench?
Example: ROBERTS Unilaterally Calling Obamacare a TAX, when the Obama administration said absolutely it was Not a tax?
“It’s never just “do this or we will screw you over”. There is always “but if you do this we will make you ver happy you did” that goes right along with it. They always remember that honey draws more flies than vinegar.”
Tell that to #Scalia.
No clue what you are alluding to. Yes he adopted two kids, and there is some question as to those adoptions. But they are by all appearances good adoptive parents. So how they got them is of little concern. Much better choices then the adoptions of kids by gay couples in my opinion.
Hmmm, perhaps you should read your own sources you provide:
Oy gay! Are we perhaps getting a little carried away with all of our rumor-mongering concerning Judge Roberts's sexual orientation? After all, the pic was taken on Martha's Vineyard, not Fire Island. And for the record, Scherer is married, as is Lazarus.
Wow, lot of clarity there. Thanks.
If Texas owns some of the land the wall goes on, they could challenge the declaration and ask the Supreme Court to take the case. Speeding up things a lot!
“ifs and buts” though. We’ll see how the details play out.
Thanks for sharing this. It is “Art of the Deal” stuff, the work of someone who has dealt with building code and local zoning restrictions all of his adult life.
I wonder WHERE the DoE $$ will be spent; suppose it will ALL be spent in TX... That would presumably limit legal challenges to the 5th circuit.
Thank you. Read it here and Twitter.
Scalia is what happens if you don’t take the goodies they offer you...extreme version. Someone who can’t be bought, most certainly can be disposed of.
Well, we have not had a functioning DOJ for 10 years. The last two years of the DOJ wasted under brain-dead Sessions.
Everything Trump does will be challenged in a federal court and if it’s important enough needs to be fast tracked up to the USSC. Only recently do we have probably a reliable 5-4. We as voter’s haven’t helped politically, letting a political incompetent win the primary & lose the general in Alabama (He couldn’t motivate enough Republicans to overcome Rat shenanigans!) & the mid-terms should have ours but was a wash. (and yes there was cheating!) Therefore just view the House as at best a “do-nothing “ organization for the next two years. All this has weakened his hand. The key obstacle was & is the continued court challenges hopefully we’re close to getting a handle on this.
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