Posted on 12/11/2019 9:30:20 AM PST by rktman
Donald Trump's dream of building a "big, beautiful wall" along the southern border took a hit yesterday when a federal judge ruled that Pentagon funds totaling $3.6 billion diverted for 11 construction projects along the southern border could not be used for wall construction.
Significantly, the judge, David Briones of the U.S. District Court for the Western District of Texas, ruled that other funds, already approved by the Supreme Court, could be spent. Those funds, which come from a Pentagon counter-narcotics fund, could still be used for wall construction.
The argument being used by the city of El Paso was that Trump overstepped his authority in declaring a national emergency along the border. Briones agreed and issued a permanent injunction against the use of the funds.
(Excerpt) Read more at pjmedia.com ...
Who appointed this Commie judge? One of the Commie (P)residents? Also, how does a JUDGE get to say what the EXECUTIVE BRANCH (supposedly a co-equal branch) does with money granted to it by CONGRESS?
Now we have judges ruling on military budgets.
“The Supreme Court already ruled on it.”
The Supreme Court ruled on other major source of funds from DoD ($2.5 billion from Counter-Narcotics account). This case is about the use of Military Construction accounts ($3.6 billion).
There are some common factors that will likely apply however.
Because it was an emergency (formally declared by the President), the Supreme Court took action quickly (about a month).
Because it was an emergency, the Supreme Court likely had a strong presumption for siding with the Government (President) about imposing temporary restraint, while things drag out in Court (and then the Appeals Court).
Also, the general issue of District Court Judges (678 of them) attempting to exercise policy vetoes over the President. It has been raised repeatedly to the Chief Justice, and his oversight committees in the Legislature as a systemic problem.
The Chief Justice of the Court has said he could address this potential abuse by Judges with political bias within the Judicial Branch, without the Legislature imposing restrictions, or the Executive resorting to the confrontational tactics available to it.
So there is a good chance that either the 5th Circuit Court (likely) or Supreme Court (possible) will step in quickly, and lift this restraint on the Government until after the case and all appeals are settled. It is no surprise that the Left found a willing hack judge - but those responsible for overseeing and policing such potential abuse have been on high alert to put an end to it. So this will likely be a test case for the Legislative Branch’s ability to police itself.
There are some differences in this case.
Firstly, different laws authorize the use of those two sources of funds.
Secondly, the validity of the emergency declaration is material to this case, but not the first one.
The use of Military Construction money for wall building requires a Presidentially declared emergency, under the existing law that authorizes it (National Emergencies Act of 1976). Using DoD Counter-Narcotics funds to build border fencing, roads and lighting are specifically authorized in the separate law that established it, on a routine, standing basis.
Lower court judges love to play at over-ruling SCOTUS on the idea that the aggrieved party does not have funds to purse the case further - and are too often right. Hopefully not in this case.
U.S. Army, 1964-1966
I see he spent his two years in the Army.
As a draftee
I thought Hobbits were Fiction
He can’t. It would be a YUGE mistake. This will get appealed to SCOTUS.
SCOTUS would not look favorably on Trump IGNORING a Federal District Court’s ruling when he has the right to appeal.
He has to play the game. He will WIN on appeal.
Just checked Wikipedia and found this , LOL
Briones is a traitor to his country and some may say that he is treasonous. He isnt worried about his crimes because he can cross the border in 20 minutes to freedom in Mexico. Mexican Cartels are blackmailing him and hes decided that Benedict Arnold needs some company in US history.
Gee, another road block (no pun intended)....yawn
A second injunction was announced today by Leftist District Court Judge in Oakland California (Haywood Gillam, who has tried putting Nation-wide injunctions on President Trump before).
Judge Gillam put his injunction on hold, pending the outcome of appeals.
I’d guess that he was put on notice before about his over-reach, and is now hiding behind the skirts of the El Paso Judge, who is already old, and semi-retired.
Just like the movie Major League . . .call a press conference, throw a copy of the ruling on the ground, Trump unzips his pants and whizzes on the paper, just like the Coach did to Dorn’s contract . . . you’re right . . . I’m just dreaming . . . but that is what the ruling deserves: all the disrespect that the ruling intended for Trump
“I thought Hobbits were Fiction”
That is why this guy is never seen in public barefoot...
These fools don’t realize that they are setting a precedent that will haunt them in the future. In virtually all cases of judicial interference, they are being overruled.
Now that is what ya call Product Placement
His Johnson has an alter ego and an ID ... wonder if he has to whip it out to prove who he is ... genuine dick head
Cartel blackmail was my first thought. But it could just be hard-left ideology. Delay and obstruct.
Keep building Mr. President.
This guy is nobody.
“Obama judge?”
You almost don’t need to look it up to verify it. Of course Ovomit’s boy.
Absolutely NO REASON for Trump to follow the law as far as I am concerned there are NO LAWS in this country any longer, continue to build the wall and just say OPPS, mistakes were made!!!
Obama judge?
You almost dont need to look it up to verify it. Of course Ovomits boy.
My bad, I got it wrong, but not by much, Clinton instead ovomit, e.g. 6 of one and a half dozen of another.
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