Posted on 06/26/2020 11:33:25 AM PDT by rdl6989
The Trump administration doesn't have the authority to divert Pentagon funds to construct additional barriers on the US-Mexico border, a federal appeals court ruled Friday, days after President Donald Trump's visit to a section of the wall in Arizona. In a 2-1 ruling, the 9th US Circuit Court of Appeals said that the transfer of $2.5 billion circumvented Congress, which holds the authority to appropriate money.
(Excerpt) Read more at cnn.com ...
ok deduct it from the judicial funds from the 9th court.
And no new starts.
So did I. I don’t think the SC will agree with the ruling.
Me too. There is a specific law that Allows the president to shift funds after an emergency deceleration. Congress themselves gave the president that power. The courts are lawless though. They rule according to their personal feelings and not the law.
Nope. He can do it without any approval because he made an emergency declaration. That is the law. The law that was written and passed(Back in the 90’s I believe) gives congress the right to vote by 2/3rds vote to overrule the president. They tried that already and did not succeed. The judges on the 9th who made this ruling need to be slapped down by the USSC. They are not real judges. They have no respect for the law.
Who’s stopping him?
Isn’t this another lawsuit by environmental groups? Didn’t the SCOTUS rule last year that they had no standing as to how DOD funds are spent?
Can he build Fort Trump instead? It’s 2000 miles long and about 100 feet wide.
Emergency appeal.
Decision is clear BS.
Just tuck the DHS unded the DoD.
Not that simple. Working in DC I saw a lot of evil at work, and Trump is fighting evil and needs our support. The PB is defined and explicit and emergency or not, he has to reprogram funds.
Have a nice day.
I am sorry I may be misunderstanding. DOD discretionary funds not allocated to a specific project can be diverted by the President as the CINC. He does not need congressional approval for that. Those funds are allotted as part of the budget annually for the DOD and the CINC to utilize for such things as extended deployments, cost overruns etc.. Those are the funds Trump already spent, the $5 million. Congress allocated (I believe) $10 or $15 million in the current DOD budget for “border security.”
This decision by the 9th Circus of Appeals should be ignored by the President, the court has absolutely no jurisdictional authority to make it. The military is under the control of the President only and he can deploy them to defend the Southern border if he wants to and instruct them to build the wall to defend the border.
MinuteGal wrote:
“Another FR thread is reporting on the surge of the virus in the border states.....the disease spreading at a great rate from crossovers, illegals in our jails down there, etc.
The Supremes must over-rule the treasonous Ninth Circus so the President can continue to BUILD THAT WALL!
Leni”
Yes, open borders in times of pandemic is insane....
So why did they do this? Just making trouble aren’t they?
Isn’t this like contempt of the SC?
President Trump will ignore the 9th Circus.
“Some laws are more equal than others” , per the Ninth Circuit, and George Orwell...
Yes, thank you.
I understand the position. “Discretionary” doesn’t mean what it means to everyday Americans like you and me.
“Discretionary spending refers to the portion of the budget that is decided by Congress through the annual appropriations process each year. These spending levels are set each year by Congress.”
You see, “discretionary” spending is not “discretionary” the way we understand it. It means Congress authorizes and appropriates budgets for specific programs (line items in each executive branch department/agency). There are line items that can be used to DOD operations that are not specifically stated, and contingency ops budgets are there BUT are for emergency or immediate response to a threat.
https://spendingreform.org/spending-faq/#:~:text=What%20is%20the%20difference%20between,it%20is%20not%20authorized%20annually.&text=Discretionary%20spending%20is%20spending%20that,by%20the%20House%20and%20Senate.
“What is the difference between mandatory and discretionary spending?
Mandatory spending is spending required by statutory criteria: it is not authorized annually. Examples of mandatory spending include Social Security, Medicare, and Medicaid.
Discretionary spending is spending that must be authorized annually and appropriated by the House and Senate. Examples of discretionary spending include Defense, Education, and Transportation allocation.”
DOD Budget for 2021:
Page 15 of 308: https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2021/FY21_Green_Book.pdf
I didn’t see anything these ref border wall.
(Before we go further, my son is a Border Patrol Agent that actually shot a drug smuggler that tried to kill him.)
“Chapter 2: Base Budget, War Funding and Supplementals
(Page 27 or 308)
“This chapter provides data on war and supplemental funding for the Department of Defense since FY 2001, in addition to the base budget. War and supplemental authorities presented here include the American Recovery and Reinvestment Act of 2009, disaster assistance, the Global War on Terror, Overseas Contingency Operations, and FUNDING FOR OTHER EMERGENCY AND UNANTICIPATED URGENT REQUIREMENTS.”
BUT, there is a single reference to Border funds, page 31 of 308, first entry: “Disaster Relief/Border Security”
There are duplicate entries for each Service.
Each entry has a footnote: “31. Public Laws 116-20 (Additional Supplemental Appropriations for Disaster Relief Act, 2019) and 116-26 (Emergency Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019)”
I have to leave now, so unable to look up the law for reference.
Anyway, wishing you a good day and relax, my FRiend, take care.
SCOTUS must step in yet again. Those appellate lawyers are making a fortune.
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