Pollak: Trump Can Build ‘Wall’ Now, Despite States’ Lawsuit

Breitbart | 2/15/2019 | Staff
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President Donald Trump can likely begin building new sections of the border barrier, despite a federal lawsuit filed by California and 15 other states on Monday challenging the the national emergency declaration he issued Friday.

The reason: only some — about $3.6 billion — of the roughly $8 billion Trump wants to spend on the barrier actually requires an emergency to be declared in order to be allocated. The rest, theoretically, can be spent regardless — especially the $1.4 billion Congress approved, though it is subject to some restrictions that may not apply to the rest of the money.

Conn - Carroll - Communications - Director - Sen

Conn Carroll, communications director for Sen. Mike Lee (R-UT), explained the reasoning on Twitter Friday:

The complaint filed by California and other states on Monday in federal court affirms Carroll’s explanation — albeit inadvertently.

States - Trump - Arguments - Policy - Grounds

Though the states are trying to stop Trump from spending most of the $8 billion, their arguments largely rest on policy grounds — i.e. the argument that “an emergency declaration is not necessary” — that require the courts to set aside the president’s judgment on national security in favor of the judgment of state-level attorneys general.

The complaint acknowledges (footnote omitted):

Administration - Funding - Diversion

The Administration identified the following funding for diversion:

$601 million from the Treasury Forfeiture Fund;

Department - Defense - Construction - Projects - President

Up to $3.6 billion reallocated from Department of Defense military construction projects under the President’s declaration of a national emergency (10 U.S.C. § 2808).

That funding ($7.1 billion) is in addition to the nearly $1.4 billion Congress authorized under the border deal — which is available to be spent immediately.

Emergency - Declaration - Complaint - Argues - Emergency

The $3.6 billion that is covered by the emergency declaration would only be available, the complaint argues, if a national emergency actually existed — which the plaintiffs insist, citing various political arguments, it does not.

As...
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