Exclusive: White House Preparing Draft National Emergency Order And Identified $7 Billion For Wall

[edpc]

Eminent Domain.

Right, but that doesn’t happen overnight and people will sue.

[dfwgator]

May he choose wisely.

May WE choose wisely.

[Jazzhead]

I wasn't happy Trump backing off on the SOTU, but if he's willing to take this kind of stand on the wall, then he comes across being magnanimous on the petty stuff, decisive on the major stuff.

One thing for certain - if he doesn't get the wall, I don't see him being reelected.

Declare the national emergency,  gird for the fight in the courts, and re-open the government.   Then go to the House to give the SOTU and give the Democrats holy hell.   

[jmyrlefuller]

Declare the national emergency,  gird for the fight in the courts, and re-open the government.   Then go to the House to give the SOTU and give the Democrats holy hell.

Those lawsuits will be coming anyway, so they might as well get it over with.

[libertybele]

Those lawsuits will be coming anyway, so they might as well get it over with.

Hopefully he's used this time to 'play' the DEMS and build his rock solid defense.

[kevindavis007]

Probably this, from the article.....


The draft document cites Title 10 of the US Code, which allows Trump to unlock a stash of Pentagon funds that are earmarked but have no signed contracts for spending that money. That would give the President authority to pull from military construction funds and civil works projects, like infrastructure repair projects.


It’s still going to be challenged, along with suits brought by property owners who will fight the land seizure.

Also, if the Dems win the White House in 2020, what makes you think that they won't declare an national emergency on guns if there is another school shooting or a national emergency on climate change?


Think about the ramifications long term.


Trump does have an history of wanting to steal land.

[skeeter]

Those lawsuits will be coming anyway, so they might as well get it over with.

Someone needs to beat the leftist slugs at their own game - find an ally with standing in a sympathetic venue and bring suit there before some whacko in the 9th circuit's venue does.

[edpc]

Think about the ramifications long term.

Grassley and Rubio have previously made that point.


https://www.cnbc.com/2019/01/11/sen-charles-grassley-warns-trump-not-to-declare-emergency-over-wall.html

[bigheadfred]

Right, but that doesn’t happen overnight and people will sue.

What happens if a national emergency is declared? Are those lawsuits put on a back burner until the emergency has been resolved?

[kevindavis007]

Grassley and Rubio have previously made that point.


https://www.cnbc.com/2019/01/11/sen-charles-grassley-warns-trump-not-to-declare-emergency-over-wall.html

That point is very legitimate imho..

[kevindavis007]

What happens if a national emergency is declared? Are those lawsuits put on a back burner until the emergency has been resolved?

Nope.

[edpc]

What happens if a national emergency is declared? Are those lawsuits put on a back burner until the emergency has been resolved?

Andrew C. McCarthy recently addressed this. He’s been pretty thorough, fair, and respected in his legal opinions on various subjects, since Trump has been in office - particularly with the Mueller probe.


I have no doubt that, if the president tried to use eminent domain to seize land for barrier construction by the military, the property owners would have the right to challenge the seizure. It is not at all clear to me, though, that a court could legitimately review the president’s declaration of a national emergency (more on that, too, momentarily). And it would be downright presumptuous for a court — whose authority to act must be implied since it is nowhere spelled out in the statutes — to second-guess the commander-in-chief on whether a crisis required a military response, and on whether military measures ordered by the commander-in-chief were appropriate.

https://www.nationalreview.com/2019/01/trump-national-emergency-declaration-constitutional-twilight-zone/

[bigheadfred]

Nope.

Got a link?

[RetBobbyMI]

Washington (CNN) — The White House is preparing a draft proclamation for President Donald Trump to declare a national emergency along the southern border and has identified more than $7 billion in potential funds for his signature border wall should he go that route, according to internal documents reviewed by CNN.

Trump has not ruled out using his authority to declare a national emergency and direct the Defense Department to construct a border wall as Congress and the White House fight over a deal to end the government shutdown. But while Trump's advisers remain divided on the issue, the White House has been moving forward with alternative plans that would bypass Congress.

"The massive amount of aliens who unlawfully enter the United States each day is a direct threat to the safety and security of our nation and constitutes a national emergency," a draft of a presidential proclamation reads.

https://www-m.cnn.com/2019/01/24/politics/trump-border-wall-emergency-draft/index.html?r=https%3A%2F%2Fwww.cnn.com%2F

“Documents reviewed by CNN” not there is fake news.

[bigheadfred]

For your perusal:

10 U.S. Code § 2663 - Land acquisition authorities

https://www.law.cornell.edu/uscode/text/10/2663

I'll have to study this, and whatever else I find, before I take NOPE for an answer.

[montanajoe]

Also, if the Dems win the White House in 2020, what makes you think that they won't declare an national emergency on guns if there is another school shooting or a national emergency on climate change?


Think about the ramifications long term.


Trump does have an history of wanting to steal land.

Yep, I've made the point before that declaring a national emergency is a very bad idea, but the brilliant deal maker has painted himself onto a  corner and a national emergency is the only way he can get out of it politically and appease his base.

Trump seems to believe he can ride the 30% of the electorate that is his base to victory in 2020, I suspect the Dims will put up token resistance but in the backroom they are jumping for joy that a GOP president has given them a gift that they never could have gotten with a Dim president which they will use to create their socialist state starting in 2021...

[ABX]

OMG you didn't put *CNN* in the title..the snowflakes here will be traumatized when they click on this article...

You are getting feisty.

[Cyber Liberty]

Right, but that doesn’t happen overnight and people will sue.

And win.

[ABX]

And win.

A bunch of ranchers along the border have already filed proactive lawsuits to stop eminent domain over it. There are issues with water and grazing rights that they have now that they feel will be threatened. (Think Bundy Ranch stuff).

[Sanguine]

I'm triggered.

You are a trigger.

[Right_in_Virginia]

Hopefully he's used this time to 'play' the DEMS and build his rock solid defense.

You think will stop the dems?   

Once again they're fighting a war, we're fighting the President.

We're principled.

[skeeter]

You think will stop the dems?   

Once again they're fighting a war, we're fighting the President.

Who's this 'we'? They don't speak for me. I don't think they speak for a consequential minority of 'us'.

[Emjay]

You think will stop the dems?   

Once again they're fighting a war, we're fighting the President.

We're principled.

I think Trump needs to try this.  We are obviously at a stalemate with Pelosi refusing to consider anything that even has the word 'wall' in it because she hates Trump so much.

If Trump does this, there will probably be some fights with judges and some property owner issues, but those would exist even if the funds were appropriated by Congress.

This way, Trump will be the one taking action to start the government AND the wall and the dems will still be in their favorite role of obstructionists, which won't be popular with the public.

[bigheadfred]

https://en.wikipedia.org/wiki/Roosevelt_Reservation

Roosevelt Reservation

The Roosevelt Reservation is a 60-foot (18 m) strip of land on the United States side of the United States-Mexico Border under the jurisdiction of the United States Federal Government. It was established in a 1907 Presidential Proclamation (35 Stat. 2136) by Theodore Roosevelt in order to keep the land "free from obstruction as a protection against the smuggling of goods between the United States and Mexico".[1][2][3]

[Emjay]

If Nancy even knows who Johnny Cash is, she would probably break his record of Wall of Fire.

The word "wall" is to Nancy like a wooden stake is to a vampire.  Of course, she may be a vampire.