National emergency will be blocked by courts temporarily, DOJ warns White House

[catbyte]

Source: ABC News

By Jonathan Karl and Katherine Faulders44m ago

The Justice Department has warned the White House a national emergency declaration is nearly certain to be blocked by the courts on, at least, a temporary basis, preventing the immediate implementation of the president's plan to circumvent Congress and build the wall using his executives powers, ABC News has learned.

However, a senior White House official tells ABC News that the administration is confident it could ultimately win the case on appeal.
lawyers at the White House, the Department of Homeland Security and at the Pentagon have been working for weeks to iron out different options the president would have to obtain funds for his border wall.

By declaring a national emergency at the border, the president could potentially free up billions of dollars to begin work on construction of a southern border wall. Much of that money would be pulled from the Department of Defense.

President Donald Trump is expected to end weeks of bitter negotiations and sign a funding bill that would keep the government open, but not fund his border wall. The White House has said he will use executive powers to fund a wall instead.

“President Trump will sign the government funding bill, and as he has stated before, he will also take other executive action -- including a national emergency -- to ensure we stop the national security and humanitarian crisis at the border," White House press secretary Sarah Sanders said in a statement Thursday. "The President is once again delivering on his promise to build the wall, protect the border, and secure our great country.”

A Justice Department spokeswoman declined to comment.



Read more: https://abcnews.go.com/Politics/national-emergency-blocked-courts-temporarily-doj-warns-white/story?id=61086962

[sprinkleeninow]

1. You an' yer boss an' mcturdleneck can go sod off. eom

[politicaljunkie41910]

24. There use to be a saying, "A mistake on your part, doesn't constitute an emergency on my part."

DoD and other federal agencies submit their budgets sometimes years in advance depending on what they're budgeting and contracting for. We used to have 5 year budgets and projections and more for some items (like ships) because we were dealing with complex weapon systems, aircraft, and ships and we had a lot of subcontractor's as well. Major components systems are generally subcontracted out, and parts and components were ordered based on back in the old days, a system known as Just in Time, whereby major components were timed to arrive at the Contractor's/Subcontractor's facility shortly before they were needed for incorporation into a sub-assembly or final assembly components. Only Trump could be so stupid to think that he could come in with a weeks notice and make off with someone else's budgeted resources for some imaginary problem that exists only in the president's small mind.

[sprinkleeninow]

25. We shall see what kind of 'heads' prevail.

Honestly I am pulled in one direction, then the other.

You read one scenario and say to yourself, that's hopeful. Then someone posits another and you start to fret again.

The ones affected by * pulling $$ from their areas should get steamed enough.


If any and all lawsuits are warranted, they should be filed. Although, what a waste of our governing bodies time, resources and not attending to 'business'. * is a waster and ruiner.

[IllinoisBirdWatcher]

2. The Rule of Law v. a two-bit egomaniac. Who will win? eom

[pangaia]

26. Dependds how lomg the rule of law remains applicable.. or enforceable.

That is my worry.....
judge appointments going through like a flood...

[Chemisse]

3. They really should wait until he signs the bill before they tell him his plan is not going to work.

Hopefully, his delusion will carry him through tomorrow and the shutdown will be averted.

[at140]

4. I thought only Congress can overrule emergency

declaration, not any uneleted judge.
So instead of a phony wall emergency, if there is a REAL emergency in future such as illegal nuclear material smuggled into the country and a president wants to take emergency action, some federal judge can stop the president?
.

[getagrip_already]

6. nadler said the house will file suit.....

If trump vetoes the congressional vote of non consent. Technically it doesn't end the state of emergency but the courts could block trump from taking specific actions if they determine those actions are illegal. And violating article 1 of the constitution to obtain funds congress explicitly denied him sure sounds illegal.

His powers under the act aren't unlimited. There have been a few knowledgeable posters discussing it, but you'll have to hunt to find them. Or check wikipedia....

[BigmanPigman]

5. If the money can come from the Defense budget, why couldn't funding

for Healthcare, Climate Change related research, infrastructure, jobs, manufacturing, etc., and College Education also come from that too?

[cstanleytech]

7. Exactly and since Mitch has made it clear he is working for Trump rather than the people then this

whole thing is the fault of the Repugnants and we should make them rue it by doing just that.

[Larrybanal]

14. it has to be something important

like president idiot's wall

[yardwork]

19. Why not? Next Democratic president could do exactly that.

[YOHABLO]

8. It's all just a diversion anyway. Trump's trying to keep the focus on ''The Wall'' BS.

2020 can't get here soon enough. For those of you who pray ... pray like hell.

[DeminPennswoods]

9. DoD does have more money than it knows

what to do with, but this isn't how to go about getting it.

[RussBLib]

22. if they can find it, that is

I've lost track of all of the stories claiming that $50 million was lost here and $800 billion lost there somewhere in the Dept of Defense. Some astronomical figures. Some horrible accounting. That's what's going to happen when Congress shovels truckloads of bucks into Defense.

[DeminPennswoods]

23. Oh yeah, but this is what happens

when Congress throws money at DoD to prove they are "patriotic" or whatever.

[Jarqui]

10. Like O'Donnell, I think McConnell telling Trump he'd go along with

calling a national emergency was setting Trump up.

McConnell knows if won't go anywhere and it won't be his fault when it doesn't.

[Cold War Spook]

11. If the courts do rule that he can declare an emergency,

does that open the door for the next Democrat president to give Medicare to all, make all churches and the NRA pay taxes and whole lot of other things all at once?

[beachbum bob]

16. technically speaking BUT IF A GOP HOUSE is in place, they WILL issue articles of impeachment

WE NEED PELOSI to start talking this way as NO NATIONAL emergency is in existence with a lack of a border of wall of any type.

This is when we need impeachment talks NOW

[Cold War Spook]

20. It will never pass the Senate.

If Congress and the courts allow Trump to call it an emergency, then anything any president want to do will also be allowed.

[beachbum bob]

12. this WILL end up at the supreme court and I can live with either ruling as either

the next democratic president can bypass congress too OR there are limits on presidential powers

[onetexan]

13. Ditto

[catbyte]

17. Perhaps I'm too cynical, but I wouldn't plan on the current SCOTUS ruling the same way for a

Democratic president. Unless John Roberts wants to ensure his tenure didn't have an asterisk beside it. Gorsuch & Kavanaugh are illegitimate.

[beachbum bob]

18. Gorsuch & Kavanaugh are on the court and doesn't matter what we think....precedence is a BIG deal

and rarely does the same court rule differently on same issue. The issue will be can a president declare ANYTHING he wants to be an emergency simply to bypass congress. The supreme court will either say it is or it is not. A clear win for future democratic presidents if they can, a clear win for congress if they can not

[catbyte]

21. Unless, of course, they pull a Bush v. Gore. Remember that decision?

"This is not to set a precedent."

[lilactime]

27. I wouldn't either.

[melm00se]

15. Point of Fact

Since the passage of the National Emergencies Act (1979), the President has declared 58 such states and of these 31 are still active.

https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf