Appeals court rules for Trump taking military money for wall

AP ^ | 4 Dec 2020 | NOMAAN MERCHANT

[BeauBo]

A federal appeals court ruled Friday that a lower court was wrong to bar the Trump administration from taking $3.6 billion from military construction projects for a border wall.

A panel of the 5th U.S. Circuit Court of Appeals said that El Paso County and the nonprofit Border Network for Human Rights did not have the standing to challenge President Donald Trump’s redirecting funds from more than 100 military construction projects, including a $20 million road project at a base located in the city. The appeals court found that neither the county nor the Border Network proved it was directly harmed by Trump’s move. The court reversed a December 2019 ruling by U.S. District Judge David Briones.

[BeauBo]

This case is about the bigger of the two different pots of money, that the President spent on the Border Wall, from the Military budget. Those projects continue, for now.

This is the one (Military Construction - MILCON) that required the declaration of an emergency. The other, DoD's Counter-Narcotics funds, don't require an emergency - they are always authorized for building border fencing, roads and lighting.

It will go to the Supreme Court to decide, but if Biden is inaugurated, he will likely declare an end the emergency, putting an end to any further contract awards with that money. Contracts previously awarded with those funds might continue, or be terminated, at the discretion of the Government.

[libertylover]

Contracts previously awarded with those funds might continue, or be terminated, at the discretion of the Government.

I'd say there's a near 100% chance that Biden would terminate them if he gets the power.

[Parley Baer]

Biden’s puppet master(s) will terminate the wall funding.

[thinden]

Thanx again BeauBo.

I’ve been out of thouch lately, missed your reports of the progress on the wall.

How far along are we now??

[BeauBo]

415 miles completed.

The last two weekly reports had slower weekly rates - 7 and 6 miles (although Thanksgiving is in there).

Now that more than half of the 718 miles funded are finished (56%), we may have already crested our peak rate of construction (unless President Trump can pull a second term out of the hat, and add more money).

We could still be on track to complete the goal of 450 by year’s end.

I am not sure if you noticed, but a few weeks back, some more moved from pre-construction into under construction. Only 87 miles worth of segments have not yet broken ground.

Should a Biden Administration take office, there is a possibility that some segments underway, might continue to completion, depending on their status, the nature of their funding (direct appropriations, DOD Counter-narcotics, or diverted from Military Construction in the emergency declaration), and if all the land has been acquired for the right of way..

[thinden]

Thanx BeauBo. Crossing my fingers in hopes of completing in 2nd term

[BeauBo]

If a Biden Administration does not blanket terminate the existing contracts, I at least expect two policy actions very early.

1. Cease all land condemnation actions, to seize private land under eminent domain. That would especially impact the directly Congressionally appropriated segments in the Rio Grande Valley and Laredo Sectors. They might be cancelled, or end up with lots of gaps.

2. Cancel the declared state of emergency. That would mean at least that any of the Military Construction money not already on contract, would not be put onto any new contract. Existing contracts using that MILCON money would be among those at highest risk of termination, if the process is selective, rather than blanket.

[thinden]

Thanx for the color.