Posted on 02/16/2019 5:45:24 AM PST by LS
My source on all things courts and legal, Zen Master, has weighed in with some excellent information on the path ahead for the Declaration of Emergency.
1. For a case to be heard, it must meet at least these three conditions: standing, ripeness, and aggrieved party.
First, standing: the DoE only affects four states: TX, NM, AZ, and CA.
Only a party in one of those four can bring a suit in the Ninth (CA/AZ), Tenth (NM), or Fifth (TX) Circuit Courts. But even before you can do that, you must be an aggrieved party, meaning you must show direct immediate harm from what is happening (i.e., building the wall). Watch how this plays out in a moment.
Now, it's frequently argued here that a "friendly" party can bring a case immediately in a "friendly" venue (such as the Fifth, which is mostly GOP/conservative but not unanimous).
No. A court would view this as a type of fraud, since the two parties are considered "friendly" and would rule it an abuse of the court. It would be tossed. I don't know, but there might even be legal penalties for bringing such a suit.
Second, this is different from the Travel Ban, which was national and enabled a Hawaiian judge to put a stay on it. Again, this is region and state specific, meaning it will only affect the Ninth, Tenth, and Fifth---but not until the wall starts going up in those states.
Third, no challenge can be brought until a case is "ripe." In OH, Gov. DeWine said he will sight the "Heartbeat Bill," which PP will challenge. But he hasn't signed it yet, so there is no challenge yet.
No "wall" challenge can be made until the case is ripe, meaning until Trump ACTUALLY SPENDS DoE MONEY TO BUILD SOME OF THE WALL.
2. That brings us to the emergency declaration. Congress has already authorized, and Trump signed (which many of you did not want him to sign) a bill with $1.375b to start building the wall.
Trump has also invoked two statutes, 31 U.S.C. section 9705 and 10 U.S.C. section 284 to spend about $3.1b. These statutes don't require an emergency declaration.
There is a third statute, 10 U.S.C. section 2808 with $3.6b which does require an emergency declaration.
Here's the genius of how Trump is doing this: the money will be spent sequentially, with the $3.6b designated under 10 U.S.C. section 2808 (the national emergency money, if you will) spent last.
Trump will spend about $4.7b before he ever gets to the DoE money---and that's the only point at which that DoE can be challenged.
3. Now, there WILL be a Congressional challenge to the authority to do issue this declaration in DC almost immediately, and that (says Zen Master) will be struck down both on standing and ripeness grounds.
4. Go back to standing: the case cannot come up in the Ninth or Tenth Circuses until wall building WITH DoE $$ actually starts there.
Finally, precisely because Congress has just authorized $1.75b for the wall---regardless of the qualifiers---it cannot be argued that Trump's wall is something different (i.e, somehow unconstitutional). In other words, by passing the bill---and by Trump signing it---Congress just MADE IT 100% LEGAL.
Sorry you feel that way. Problem is AC is a wind cock so if you want to think she’s right you better get very limber; you are going to spin so fast you’ll see stars.
It’s a problem to pontificate ahead of the data. To be without the real facts and be dogmatic is a foolish and unnecessarily depressing pastime.
“The key obstacle was & is the continued court challenges hopefully we’re close to getting a handle on this.”
The courts are corrupt and they’re NOT the final arbiter on the law or Constitution. The question is will this admin do what is necessary to save America despite that fact?
The alternative won’t be as pretty...
So far they pretty much are...
Very persuasive.
THANKS, LS.
It’s not a feeling. Those are the facts on the ground. But you’re right, it is kinda depressing.
Thank you for this ping, Larry. I wondered about your opinion on fb a few days ago. I was in need of some clarification for understanding. As always you come through.
We don’t know the facts. We don’t have the legal opinions, we don’t know the things already set into motion. I was very bucked up by the President’s statement about signing the bill.
https://www.whitehouse.gov/briefings-statements/statement-by-the-president-28/
It is filled with POTUS giving notice that he is not bound by the terms because they are not valid. IOW this bill isn’t worth the paper it’s printed on. I think it will cheer you up.
Example:
“Numerous provisions could, in certain circumstances, interfere with the exercise of the President’s constitutional authorities to negotiate international agreements ... My Administration will treat each of these provisions consistent with the President’s constitutional authorities with respect to foreign relations.
Good time to ask...I believe he is 100% blackmailed under Obama’s /Jarret/Soros control via his illegally adopted kids plus his bisexuality. I’m sitting at my table with my sign that says, “change my mind”
NSA snopping by Barry O to make sure his OCare or any future dem need is taken care of. Roberts knows they have the good on his adoption and who knows what else within his family .
Snowden revealed all of this. If you haven’t seen it watch the movie “ Snowden”.
Patriot or Traitor he tells it like it is with our Government...
Many of the things he reveals all fit in now as we see the Cabal being exposed....
To me the Congress Critters know if you don’t “ go along to get along” you are next and you family with you.
Thank you for the signing statement.
https://www.whitehouse.gov/briefings-statements/statement-by-the-president-28/
Woowhee! There’s no doubt at all that POTUS/his lawyers and advisors read every single character of the bill. This statement is POTUS’ FU to Congress, in spades.
Everyone, especially the pearl clutchers, needs to read this. These are poison pills we aren’t even hearing about!! The overarching plan WRT the ones gaining traction in the media/pertaining to the Wall funding and immigration aren’t listed, but I have no doubt he will treat them similarly.
Concerning Roberts:
His kids are now 19. If there were irregularities with their adoptions, they are now moot. Since it’s not murder or treason nor any other capital crime, IF they took place, certainly there is a statute of limitations in effect. Adoption laws also vary by state.
Sexuality: in today’s democrat culture, there are 57 genders and counting. Same sex attraction and bisexuality are variations of vanilla. If such proclivities affect the status of SCOTUS Justices, then Kagan is also vulnerable.
Hmmm, perhaps you should read your own sources you provide:
......
Ok, so then he is just blackmailed and a closet liberal...The Bushes stuck us with another one. Stay out da Bushes!
Clinton gave us nothing but bad choices (Ruth Bader Ginsburg & Stephen Breyer), as did Obama (Sonia Sotomayor & Elena Kagan).
Was Robert blackmailed? Certainly a rumor but no proof has been brought forward confirming that allegation.
Here's sadly, where I disagree.
The abuse of the court charge or accusation, seems to NEVER apply to the Left, even though they are often guilty of it, and compared to the Right who hardly ever go this route, they have used it time after time.
Just like an uninterested observer would say, my Goodness, look what the charged Gen Flynn, Paul Manafort, Roger Stone, etc. with! Surely the Clinton cabal and FBI traitors are really in trouble... But they're not and haven't been, nor faced the same level of hard justice the Right has.
It is apparent to me there are two forms of justice in the United States.
One lenient, and court-helpful branch for the Left...
The other, stern and by the book, for the Right.
“We don’t know the facts.”
We do know the facts. The patient is flat-lining. Not much time left to do anything about it.
There will always be Eeyores and they are hardest of all on themselves. Did you read the President’s statement?
Bump for later
Bump
I actually worked in the office that managed the construction budget for the Navy
Every project is a line item on vast spread sheets. The projects grow or shrink or get cancelled.
The whole budget when completed goes to congress for approval or disapproval.
No court will hear a petition by a Trump -friendly party JUST to get the case into the right circuit.
Won’t happen. I think you misread the premise, which is that “our” side can quickly seek out “our” judge with a phoney “opposition” suit. They won’t buy that.
No. A “friendly” cannot challenge. This is viewed by almost all judges as abuse of the system.
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