Liberal activist group Public Citizen filed the first lawsuit against President Trump to block his national emergency declaration to build a border wall. Hours earlier, Trump said he’s prepared for the onslaught of lawsuits that will be filed by open-borders Democrats. So bring it on, baby.
In the Feb. 15 complaint filed by Public Citizen on behalf of the Frontera Audubon Society and three landowners in South Texas, the lawsuit claims President Trump exceeded his constitutional authority.
“The complaint urges the court to find that Trump exceeded his constitutional authority and authority under the National Emergencies Act, and to hold that the declaration violates the doctrine of separation of powers that is so central to our Constitution.
The court should bar Trump and the U.S. Department of Defense from using the declaration and funds appropriated for other purposes to build a border wall, the complaint requests.
Because no national emergency exists with respect to immigration across the southern border, the president’s invocation of emergency powers through the declaration usurps legislative authority conferred by the Constitution on the Congress.”
Legal Scholars: Trump Is On ‘Solid Legal Ground’
Under his emergency declaration, President Trump plans to use $8 billion in unappropriated federal funds to build a wall along the US-Mexico border to protect US national sovereignty and stem the daily influx of illegal immigrants and illicit drugs.
While Democrats and their partners in the media are again claiming that Trump’s declaration will usher in the Apocalypse, legal experts insist the president is on “very solid legal ground.”
“The Department of Defense has funds in its account that are not specifically designated for anything,” says Harvard Law professor Mark Tushnet. “If he declares a national emergency and uses this pot of unappropriated money for the wall, he’s on very solid legal ground.”
Obama Declared 12 National Emergencies
Keep in mind that all US presidents in the modern era have declared national emergencies at some point in their tenures. In fact, the United States is currently in the middle of 31 national emergencies ― 12 of which were issued by Barack Obama.
President Trump says he understands exactly what will happen:
- The unhinged left will file lawsuits with activist judges in the liberal Ninth Circuit.
- The Ninth Circuit will temporarily block Trump.
- The lawsuit will be expedited to the US Supreme Court.
- SCOTUS will uphold Trump’s emergency declaration because he has the authority to do so under the Constitution.
Meanwhile, California governor Gavin Newsom issued a statement vowing to sue Trump:
“President Trump is manufacturing a crisis and declaring a made-up ‘national emergency’ in order to seize power and subvert the constitution. Our message back to the White House is simple and clear: California will see you in court.”
— Robert Herring (@RobHerring) February 14, 2019
Obama Border Chief: Border Crisis Is Real
Obama’s former border patrol chief, Mark Morgan, told Fox News the media is lying to the public by calling the longstanding crisis at the US-Mexico border a “manufactured crisis.”
This is part of the frustration for those of us from a law enforcement, border-security perspective. How many more statistics do we have to provide [to prove there is a real crisis at the border]?
How many more factually-based examples do we have to provide? How many more Angel Families have to stand in front of some of these individuals before they finally say, ‘Yeah, this is real.”
60,000 [people] come illegally into this country every month. This year so far, 62 caravans of 100 or more. Thirteen in all of last year – 2,000 in a single day this week. So the numbers are climbing, but it’s manufactured?”
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