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Democrats could sue if Trump declares national emergency over wall, Hoyer says
rollcall ^ | January 8, 2019

Posted on 01/08/2019 12:04:42 PM PST by SMGFan

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To: SMGFan
House Majority Leader Steny H. Hoyer said Democratic leadership has not yet discussed what their reaction would be if President Donald Trump were to follow through on his threat to declare a national emergency on the border to build his wall, but he said a lawsuit is certainly a possibility.

Then I guess they won't know how to respond tonight when he does.

41 posted on 01/08/2019 1:04:20 PM PST by 1Old Pro
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To: SMGFan

So?


42 posted on 01/08/2019 1:06:08 PM PST by G Larry (There is no great virtue in bargaining with the Devil)
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To: SMGFan

Why hasn’t Trump fired all of the Obama judges?


43 posted on 01/08/2019 1:07:18 PM PST by G Larry (There is no great virtue in bargaining with the Devil)
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To: nikos1121
I don’t see why he should keep the gov’t shut down, if he’s going forward with the national emergency, do you?

Well, this is the order in which I see things happen under your scenario:

Trump declares emergency, starts ball rolling for military to fund wall.

Trump signs a Continuing Resolution to reopen government, but the CR has no wall funding in it.

Government reopens.

Dems then sue and the wall is put on hold by a judge issuing a restraining order until the case can be litigated, but in the meantime government is still open.

Six months later the Supreme Court either lets the lower court injunction stand, or rules against Trump re. emergency declaration.

We get no wall, and the Democrats get credit for re-opening government.

No, I don't think that declaring an emergency is the correct path for Trump. He needs to stand firm on the shutdown until the Dems give him his wall funding.

44 posted on 01/08/2019 1:07:23 PM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: SMGFan

I think the talking head on Fox’s Special Report put it best. All these drones and people could disappear if the next government decided not to fund out. A WALL would be there no matter what the finding level.

Build the wall is the right idea along with adding additional security.


45 posted on 01/08/2019 1:10:54 PM PST by hawkaw
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To: SMGFan

Keeping the free flow of smugglers, coyotes, criminals and and others going since the last legal amnesty.. Your modern day DemocRats.


46 posted on 01/08/2019 1:11:50 PM PST by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: SMGFan
I hope he does, and I hope they do. It would show beyond a shadow of A doubt that the rats are opposing this on purely political grounds. No ethical court would fail to throw the case out on the grounds that it is a purely political argument and has no business in a court of law.
47 posted on 01/08/2019 1:21:48 PM PST by hinckley buzzard (Power is more often surrendered than seized.)
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To: Yo-Yo

No, Trump would not sign legislation that opens the gov’t for the rest of the year.

He declares the emergency, and they start building the wall. How can it be stopped if it’s an emergency?


48 posted on 01/08/2019 1:25:34 PM PST by nikos1121 (The Patriot is a scarce man. The timid join him only when his cause succeeds, Mark Twain)
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To: Yo-Yo

What part of the word Emergency do they not understand?


49 posted on 01/08/2019 1:28:39 PM PST by Renegade
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To: SMGFan

In a national Emergenc, judges don’t count

An injunction doesn’t matter.


50 posted on 01/08/2019 1:31:56 PM PST by bert ( (KE. N.P. N.C. +12) Princess Gray Beaver, for President?)
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To: SMGFan

deer rifles


51 posted on 01/08/2019 1:36:30 PM PST by LeoWindhorse
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To: Yo-Yo

I’ll bet you a thousand dollars Trump wins on this.


52 posted on 01/08/2019 1:37:21 PM PST by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: ActresponsiblyinVA

That is an excellent idea!


53 posted on 01/08/2019 1:37:42 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: nikos1121
No, Trump would not sign legislation that opens the gov’t for the rest of the year.

So the government stays shut down forever?

He declares the emergency, and they start building the wall. How can it be stopped if it’s an emergency?

It can easily be stopped by someone, anyone, filing suit alleging that a state of National Emergency did not exist when Trump made his declaration, and that an immediate cease and desist order be issued against the construction of the wall until the matter is fully litigated.

Remember when Trump issued an executive order, fully supported by law, to stop issuing visas to people from several Middle Eastern countries? (The Travel Ban.)

That was stopped by a Hawaii judge for almost a year, as the case meandered from his District Court to the 9th Circuit, to a 9th en banc, to the Supreme Court.

54 posted on 01/08/2019 1:41:58 PM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: Renegade
What part of the word Emergency do they not understand?

The same part as the part "shall not be infringed" they do not understand.

I'll see your word Emergency, and raise you two words: Travel Ban.

Trump had extremely clear statutory language granting him broad leeway in issuing the Travel Ban Executive Order, but still had it successfully delayed in the courts.

55 posted on 01/08/2019 1:44:22 PM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: Yo-Yo

And how would the Court enforce it?


56 posted on 01/08/2019 1:45:10 PM PST by marajade (Skywalker)
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To: july4thfreedomfoundation

The pinheaded nitwit is from maryland, the Freak state. Many are already “in residence”...and likely voting. Anti-American losers.


57 posted on 01/08/2019 1:46:06 PM PST by hal ogen (First Amendment or Reeducation Camp?)
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To: SMGFan

we have technology but until we have drones that can physically pick up a person and fly them to a BP person, it doesn’t work as effectively as a barrier.

Barriers also channel people to specific points, where larger facilities are better equipped to deal with the invaders. Anyone who thinks that more manpower is the only answer has never been to the border, or the remote areas, or even to the desert, but they still expect BP to stay alive, isolated from all support. Not to mention adding more pensions to the govt tab isn’t exactly cost effective.


58 posted on 01/08/2019 1:46:55 PM PST by blueplum ( "...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017)
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To: SMGFan

Meadow muffins.

Won’t reach SCOTUS.

5.56mm


59 posted on 01/08/2019 1:48:19 PM PST by M Kehoe (DRAIN THE SWAMP!)
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To: SMGFan

Let them sue. Mountains of tape, editorials, and general reporting show all of the mouthy Dems SUPPORTING the Wall sometime in the past. Very easy to show they are simply playing politics with our national security. Constitution gives decisions about national security to the president.


60 posted on 01/08/2019 1:51:23 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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