Posted on 02/18/2019 2:51:44 PM PST by EveningStar
“Lately Dershowitz occasionally gets something right. This isn’t the case.”
While I certainly hope Trump wins this battle, I don’t think SCOTUS (if it gets that far) will rule in his favor. The bottom line is Congress has literally had decades to resolve the problems but have failed to do so. I think SCOTUS would scold Congress but would decide that it’s not an emergency because the problems and the means to fix them were there all along.
I sincerely hope I am wrong.
Who knows if or even when Congress will do what the majority of Americans wish (Build the wall)? Since Congress is not going to do what is necessary, our POTUS must start the ball rolling on this alternative plan. This plan has to start sometime, and the sooner it starts, the sooner it gets through the courts.
Also, this action may finally spur Congress to get off their ass and pretend to actually do what is required, even though the dems will not pass any funds for the wall. Since the dems won't budge, their stance will be held against them next fall. This just means that President Trump will have some additional heavy firepower on the campaign trail.
The only mistake about this emergency declaration will be if President Trump allows the states and the courts to ignore this declaration and proceed with their own agenda.
And because President Trump has backed down and has not enforced his orders in the past, I see no reason to think he will stand up to this border emergency either. And that is where the mistake lies.
Amnesty International: the human rights abuses the migrants are subject to along the way, and the chilling impunity some of the perpetrators enjoy. For female travelers, 6 out of every 10 encounter sexual abuse. In the six month period between September 2008 and March 2009: 9,758 migrants were kidnapped, many of which said that public officials and police officers were either involved or complicit in the kidnapping.MIGRANTS IN MEXICO: INVISIBLE VICTIMS OF ABUSE
Not getting wall funding out the the GOPee House and Senate was a mistake.
Declaring an emergency became an imperative.
Section 2808 of Title 10 of U.S. law provides authority to build a wall: When a national emergency “requires use of the armed forces,” the Defense Department “may undertake military construction projects . . . not otherwise authorized by law that are necessary to support such use of the armed forces.”
As commander in chief, Trump has already ordered 3,000 troops to defend the nation’s territorial integrity at the southern border. A wall, arguably, would support those troops by protecting them and reducing the need for more troops. And other, similar laws would allow Trump to redirect funds from civil works projects and drug interdiction programs toward construction of a wall he decided was needed during a national emergency. When the Congress gave $1.37 billion to build new wall, it gave precedent that money should be spent on a wall. No other justification is needed for further spending.
So sudden that we still have orders in place from W and Clinton.
You never know what a court may do, but I think you are mistaken. Congress gave POTUS the power to declare emergencies and to redirect related funds to address that emergency. They don’t get to come back later and veto what is or isn’t an emergency, they left that up to the Executive. Courts are not in the position to arbitrate between the other 2 branches. They could say that specific actions may violate specific laws, but to toss the whole thing out because Congress never allocated the money would be generally outside the scope of what the courts do.
Congress would have to pass a new law to restrict or revoke these powers, or, the courts will find that various specific actions violate other statutes e.g. “putting a wall here harms the native butterfly” and “putting a wall there violates XYZ’s civil rights” and so forth. But even those kinds of rulings are unlikely to hold up on appeal. FWIW, IANAL...
Exactly, these ongoing emergencies... from the mid 1990s...
“Dershowitz: Trump’s emergency declaration was a ‘mistake’”
Says the self-loathing jew who would vote for Adolph Hitler if he changed his party to democrat. Instead, he had to settle on voting for Hillary Clinton. I trust this Woody Allen with a JD as far as I could throw Mama Cass.
He is dead on accurate. It will be tied in courts long after Trump is gone from office
Trump’s moves on this issue cannot being going well with the Democrats. First, he signed the appropriation bill which he was supposed to be rejected because most of the poisoned pill scattered throughout. Turns out that most of those are going to be stymied by Trump’s actions on the National Emergency. More importantly, he has about four or five ways to fund the complete of the wall, all of them legal and authorized by the Congress. The feeble attempts to stop them in the Courts will just stretch this issue closer to the 2020 elections.
Judging by the first legal challenges, this should be fun. The arguments are laughable and will be it easy for the Courts to dismiss them one at a time by simply citing the existing law. Even the cherry picked District Courts will have a hard time doing the Democrats bidding. If they make fools of themselves and do it anyway, the Circuit Courts won’t. I doubt that any of these challenges will make it to the Supreme Court. Meanwhile, Trump will get a series of wins as we go toward the next election. All good.
Dershoshtz is full of crap. Trump doesn’t need a law from congress or the court’s approval to secure the border.
It should’ve been shut down and sealed 2 years ago.
Dec 20, 2017: The National Emergency With Respect to Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption imposed sanctions on the Myanmar general for his role persecuting Rohingya Muslims.
Sept 12, 2018: The National Emergency With Respect to Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election attempted to prevent any meddling with the 2018 midterm elections amid the ongoing investigation into Russian interference in the 2016 presidential election.
Nov 27, 2018: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Situation in Nicaragua was declared by President Trump in response to violence and the Ortega regime’s “systematic dismantling and undermining of democratic institutions and the rule of law” that constitutes an “unusual and extraordinary threat to the national security and foreign policy of the United States.”
Judging by the first legal challenges, this should be fun. The arguments are laughable and will be it easy for the Courts to dismiss them one at a time by simply citing the existing law. Even the cherry picked District Courts will have a hard time doing the Democrats bidding. If they make fools of themselves and do it anyway, the Circuit Courts won’t. I doubt that any of these challenges will make it to the Supreme Court. Meanwhile, Trump will get a series of wins as we go toward the next election. All good.
I believe your answer shows this issue is a win-win for Trump. 1) If all the courts agree with him he has a tremendous victory. 2) If it is tied up in court until 2020, it'll be a fantastic campaign issue and rallying point.
The border is WIDE OPEN! We’ll have millions of more democrat voters by the time 2020 rolls around.
He needs to close down the GD border—Fark the courts and fark the congress.
Dershowitz should stick to law, not politics.
With National Drug Overdose deaths nearly doubling during the Obama years, as well as by most estimates 25 million illegals here in the US (nearly one out of every thirteen persons), I am not sure what part of emergency anyone thinks does not exist.
The speed of the wall building is determined by how fast we can spend the money and mobilize the construction. Note that wall building is already underway.
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