Posted on 05/25/2019 7:29:44 PM PDT by SeekAndFind
I suppose this was inevitable. As construction is slated to being on several sections of border wall, both new and existing structures requiring upgrades, a judge has issued a preliminary injunction to prevent certain DoD funds from being used for this purpose. The ACLU brought the suit (how this is a civil liberties case remains a mystery) and once again they found a judge in northern California to deliver the ruling. And just to complete the hat trick, yes… the judge is once again an Obama appointee. (CNN)
A federal judge on Friday night blocked President Donald Trump from tapping into Defense Department funds to build parts of his US-Mexico border wall.
In a 56-page ruling, Judge Haywood Gilliam, a Barack Obama appointee in the Northern District of California, blocked the administration from moving forward with specific projects in Texas and Arizona “using funds reprogrammed by DoD under Section 8005 of the Department of Defense Appropriations Act, 2019.”
Friday’s ruling does not prevent the Trump administration from using funds from other sources to build the projects in question.
For the time being, other DoD funds not covered by this injunction will have to be shuffled around so the project can move forward anyway, at least until the appeals can be heard. The border sections in question are located in Arizona and Texas.
The basis for this decision seems sketchy at best. In his ruling, the judge specifically mentions situations where “Congress declines the Executive’s request to appropriate funds.” But that’s not what’s happening here, so I’m not sure what the judge is talking about. It’s true that Congress declined to appropriate new funding for the border wall in the last budget negotiations. That’s their right so that new money was not made available. But this is money that Congress already appropriated for the Department of Defense in previous budgets.
Once the military funding was appropriated, it’s pretty much up to the White House and the Department of Defense as to the specifics of where, when and how it’s spent. Also, as we discussed here previously, there are specific exceptions under federal law that allow for DoD funds to be used for construction projects within a certain distance of the border. The declaration of a national emergency only strengthens that ability.
If this injunction is thrown out on appeal, we really need to ask what’s going on with some of these judges, particularly the ones in the San Francisco / Oakland area. (This judge’s court is in Oakland.) Are they ruling on the basis of existing law or just looking to throw a wrench in the works and score a political victory for the Democrats? We’ve danced around this discussion over the border wall for long enough. It’s time to start building.
Trump has to start ignoring judges (and Congress) and just move ahead with the MAGA agenda.
judges have no authority to block emergency declarations. The congress does and they failed to override. You can’t respond to emergencies if every federal judge can stop you.
Trump has to start ignoring judges (and Congress) and just move ahead with the MAGA agenda.
He sure does and Roberts needs to get off his brown nosing azz and get these judges in line!
If trump doesn’t complete a significant number of new miles by next November he is toast. In fact he has to get the military to use less-than-lethal force to stop the from crossing. It’s already overwhelming.
These federal judges do not have jurisdictionmover the entire country.
Everyone knows this. Its just over their districts. Their powers are limited.
And as others have mentioned they have no power to stop an eo based on a ntionalcemergency declaration.
An Obama Judge ordering around the President and DOD , will judges run the next War
I am too soft hearted too many times.
I feel for the folks trying to get away from their lousy countries.
Im sure a number of them would be hard working.
And until now I didn’t want any of them injured, just turned away.
I’m sorry, we need to open fire and if necessary drop hundreds or this will NEVER END.
And even then we are such a great country that they will risk their lives to get here.
But it will deter an adequate number.
I know, it sounds awful.
But how many Americans are being killed by illegals because we are doing nothing.
Dems AND Rs did NOTHING all these years as far as the wall is concerned and the blood will be on their hands.
Not ours.
I dont take what I just posted lightly at all.
It just needs to be done
Just once I would love to see Trump say” you have no say and have overstepped your bounds. Over ruled and all future rulings will now be ignored! Don’t like it? Come and enforce it!
These guys are obviously jokes and judges in caricature only.
They will be overturned...
I emphasize less than lethal. No american commander is going to use lethal force to stop unarmed people from walking into the country.
Another option is they cross and immediately get returned where they can file for Asylum in Juarez or TJ. This shipping them around the country with work visas is madness.
The current practice is not only a drain on the taxpayers, but it will eventually change the nature of voting in Florida and Texas.
Why do we even have federal judges deciding on this?
Go ahead and build. Shield the contractors withArmy or Border forces guards.
Why does no one ever appeal these ridiculous rulings on jurisdiction grounds? Othewise, it’s just chaos.
They’re not walking! They’re swarming and attacking guards at times.
I fear that you unintentionally make it sound quite a bit more civil than it is.
But you are right, no one is using lethal rounds against them.
So your ideas are the better ones.
I will say though that shooting people that are unarmed now, but who will be in some town in some city in some state sooner than later, and may be armed with bad intent when its too late to stop them, should be threat enough to use lethal force.
But it is what it is
Oh sure, maybe in your workd but, the rest of us have a long list of his accomplishments and we are keeping score....
The other side is losing on every issue , just making us work extra hard to get there no matter what efficiency cheats theyr are and their extraordinary conceits
Trump will be in a much stronger position next November and hundreds more miles will have been built, strengthening his position with his current base and expanding it...
Or, every time libs do something, find some friendly judge to rule against them, then they’ll discover jurisdiction.
If we had to go to war again, can one of these California judges issue a preliminary injunction to keep us from going?
No. They don’t have jurisdiction. Same in this case, they don’t have jurisdiction. The Trump administration should just IGNORE these obama thugs.
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