DoD Official: Department Can Begin Wall Construction Without State of Emergency

[libertybele]

Get it built then!!

DoD Official: Department Can Begin Wall Construction Without State of Emergency

A top Pentagon official testified before Congress on Tuesday President Donald Trump would not have to declare a state of emergency in order to direct the Defense Department to erect barriers at the U.S. border with Mexico.

GOP Rep. Vicky Hartzler of Missouri raised the matter with Under Secretary of Defense for Policy John Rood during his appearance before the House Armed Services Committee.

She pointed to Title 10, Section 284 of the U.S. Code, which authorizes the DoD to provide support for counter-drug operations, if requested by the appropriate federal and state authorities, CNSNews reported.........

..........“As you correctly point out, Section 284 of Title 10 does provide the secretary of defense the authority, in performance of that counter-drug mission, such as blocking drug smuggling corridors, to erect barrier fencing, provide road construction, things of that nature, to aid in that counter-narcotics mission,” the under secretary said...............

..............Republican Rep. Mo Brooks of Alabama picked up where Hartzler left off, observing, “It seems to me that 10 U.S. Code 284 can be used by the president of the United States to direct the U.S. military to build a wall.”

Rood replied, “You are correct, however, that that use of authority would authorize the secretary of defense to erect barriers, roads, fencing, those type of materials, to disrupt drug smuggling.”............

.............“Does 10 U.S.C. 284, as you understand it, require the declaration of a national emergency before it is implemented?” Brooks asked.

No,” Rood said.

Brooks continued: “Has President Trump, to your knowledge, ever used 10 U.S.C. 284 to direct the military to build the wall that is necessary for border security?”

“No, not to my knowledge, Congressman,” the defense official answered.............

............Brooks then queried: “If President Trump were to direct the Pentagon, the United States military, pursuant to 10 U.S.C. 284 to build such barriers as are necessary to secure our Southern border from drug trafficking and international crime cartels, would the United States military obey that order?”

“If we judge it to be a lawful order, yes, Sir,” Rood replied. “And I assume it would be.”.............

https://www.westernjournal.com/dod-official-department-can-begin-wall-construction-without-state-emergency/?utm_source=Email&utm_medium=WJBreaking&utm_campaign=breaking&utm_content=western-journal

[libertybele]

A glimpse at hope??

[austingirl]

Please proceed with all due haste.

[libertybele]

Please proceed with all due haste.

Several suggestions have been made as to how building a wall could be accomplished and afforded; yet here we sit. 

[Formerly Once-Ler]

Several suggestions have been made as to how building a wall could be accomplished and afforded

Trump had no reason to shutdown the government for a month?  He's a schmuck.

[edpc]

Private land would have to be seized, in order to do it. That can’t be done without the declaration.

[libertybele]

Private land would have to be seized, in order to do it. That can’t be done without the declaration.

??? Not so sure about that.  Doesn't a portion of that land belong to the U.S. gov't by easement?

[Mesaclone]

Private land would have to be seized, in order to do it. That can’t be done without the declaration.

Eminent domain, especially for military and drug interdiction operations, does NOT require an emergency declaration. Where are you getting THAT from?

[edpc]

@libertybele
@Mesaclone


For any new border wall that would need to be built on existing farmland, Trump could cite a section of Title 7 that states “legal provisions intended to protect farmland do not apply to the acquisition or use of farmland for national defense purposes during a national emergency.”

And Title 42 gives him authority to displace landowners since the “provision that persons displaced by a federal project may not be required to leave their dwelling unless they have had a reasonable opportunity to relocate to a comparable replacement dwelling does not apply in the case of a national emergency declared by the president.”

https://abcnews.go.com/Politics/president-donald-trump-declare-national-emergency-border-showdown/story?id=60210784


Note the national emergency, in each.

[Mesaclone]

@libertybele
@Mesaclone


For any new border wall that would need to be built on existing farmland, Trump could cite a section of Title 7 that states “legal provisions intended to protect farmland do not apply to the acquisition or use of farmland for national defense purposes during a national emergency.”

And Title 42 gives him authority to displace landowners since the “provision that persons displaced by a federal project may not be required to leave their dwelling unless they have had a reasonable opportunity to relocate to a comparable replacement dwelling does not apply in the case of a national emergency declared by the president.”

https://abcnews.go.com/Politics/president-donald-trump-declare-national-emergency-border-showdown/story?id=60210784


Note the national emergency, in each.

Eminent domain is used by the Federal government constantly...for building freeways and a vast array of "public use" purposes, none of which are tied to an emergency declaration. An emergency declaration would allow the president to allocate certain funds for such a project, but utilizing military resources to build a structure...or, for example, a military base...implicitly allows the use of eminent domain. Property owners must be fairly compensated...that's pretty much the only real limitation barring specific legislative limitations which in the case of a wall do not apply.

Certainly, declaring an emergency simplifies much of the process...but the truth is the government uses eminent domain on the border already.

The best news....most of the border lands along the Arizona and New Mexico regions is already on public land. Texas...that's a problem as the land is mostly private.

[edpc]

??? Not so sure about that.  Doesn't a portion of that land belong to the U.S. gov't by easement?

Even if it’s big enough, you still need to get the personnel, materials, and equipment there. Think logistics.

[Mesaclone]

Even if it’s big enough, you still need to get the personnel, materials, and equipment there. Think logistics.

As I mentioned above, the vast majority of the Arizona/New Mexico border is already public land...work could begin there immediately once the order is given. If nothing else, that will shunt the incoming illegals to the Texas border...and resources can be concentrated along that area.

85% of the Arizona border is public. In much of the private land areas, land owners would welcome the wall...those who fight it, well, their land will be the only available crossing points in AZ and they might want to be careful what they wish for.

Build that wall!

[Chosen Daughter]

Giddy Up,....Go!!!!

[Wingnut]

Think logistics.

UPS

[edpc]

As I mentioned above, the vast majority of the Arizona/New Mexico border is already public land...work could begin there immediately once the order is given. If nothing else, that will shunt the incoming illegals to the Texas border...and resources can be concentrated along that area.

85% of the Arizona border is public. In much of the private land areas, land owners would welcome the wall...those who fight it, well, their land will be the only available crossing points in AZ and they might want to be careful what they wish for.

Build that wall!

OK, but here is the problem: If this was so easy, why hasn’t it been done already or mentioned as an option? In his last statement, Trump said there would either be a government shut down or a national emergency declaration. So, we can reasonably arrive at three conclusions....


A)  Trump has hired the worst people he could find, who need
      Western Journal to explain his authority under US law.

B)  He’s never had intention of following through.

C)  It’s a lot more complicated than the article leads us to believe.


While A and B are plausible, C is the most likely explanation.

[Mesaclone]

OK, but here is the problem: If this was so easy, why hasn’t it been done already or mentioned as an option? In his last statement, Trump said there would either be a government shut down or a national emergency declaration. So, we can reasonably arrive at three conclusions....


A)  Trump has hired the worst people he could find, who need
      Western Journal to explain his authority under US law.

B)  He’s never had intention of following through.

C)  It’s a lot more complicated than the article leads us to believe.


While A and B are plausible, C is the most likely explanation.

A and B are clearly false...C is partly right, in that it IS legally complex as is everything the government does.

The real answer is D, the President is setting up the conditions in which he either orders the military to start construction OR declares an emergency and uses contracted civilians (perhaps along with military construction).

It hasn't been done yet because he is controlling the narrative...let the Dems feel like they are winning and getting something. In truth, all they've "won" is a brief hiatus prior to the start of construction. He is now the compromising and reasonable party...the President who's striving to make a bipartisan agreement with congress in spite of their hatred for him....and needs to demonstrate that to Independents and moderates (who do matter for electoral purposes).

[edpc]

A and B are clearly false...C is partly right, in that it IS legally complex as is everything the government does.

The real answer is D, the President is setting up the conditions in which he either orders the military to start construction OR declares an emergency and uses contracted civilians (perhaps along with military construction).

It hasn't been done yet because he is controlling the narrative...let the Dems feel like they are winning and getting something. In truth, all they've "won" is a brief hiatus prior to the start of construction. He is now the compromising and reasonable party...the President who's striving to make a bipartisan agreement with congress in spite of their hatred for him....and needs to demonstrate that to Independents and moderates (who do matter for electoral purposes).

So, let me get this straight…

All along, he’s been aware of this option, went through the shut down, put workers under stress, wondering when they would get their next paycheck, embarrassed himself politically, by acquiescing to the original continuing resolution, disappointed his base, just so he can yell ‘surprise’ in a couple weeks? He sounds like someone from a Nick Lowe tune...

Well, I do my best to understand, dear
But you still mystify
And I want to know why
I pick myself up off the ground
To have you knock me back down
Again and again
And when I ask you to explain, you say

You've gotta be cruel to be kind in the right measure
Cruel to be kind, it's a very good sign
Cruel to be kind means that I love you, baby
(You've gotta be cruel)
You've gotta be cruel to be kind


Sorry...

[verga]

Personally I don't dare how he gets the D@MN thing built, I just want it to be done so libtards heads explode

[libertybele]

OK, but here is the problem: If this was so easy, why hasn’t it been done already or mentioned as an option? In his last statement, Trump said there would either be a government shut down or a national emergency declaration. So, we can reasonably arrive at three conclusions....


A)  Trump has hired the worst people he could find, who need
      Western Journal to explain his authority under US law.

B)  He’s never had intention of following through.

C)  It’s a lot more complicated than the article leads us to believe.


While A and B are plausible, C is the most likely explanation.

It is very difficult for me personally not to lean towards B.  He had 2 years with a full majority.  Regardless of what the Turtle and Lyin' Ryan threw at him, he could have then declared a national emergency. He declared an opioid epidemic awhile ago and we've experienced several caravans and more on the way. Yet another opportunity to declare a national emergency.   It is very questionable that he waited to make a big push for this right before the New DEM House was sworn in. Keep in mind as all this was going on, he's made an offer of DACA amnesty twice, even though SCOTUS threw a monkey wrench in that offer. If this whole scenario doesn't stink, I don't know what does.

He also had several offers to make his SOTU yet he obliged Nancy and delayed it.  There have been several recommendations for him to get funds needed for the wall, including Cruz's suggestion to make El Chapo pay for it, yet here we sit. 

This suggestion form the DOD is yet another. I find it difficult to believe that this wasn't made known to him before.

Sorry, I've lost hope and I don't trust our government. All I see is yet another blame game and horse and pony show.

[Victoria33]

??? Not so sure about that.  Doesn't a portion of that land belong to the U.S. gov't by easement?

@libertybele

No, the process of eminent domain has already started to take the land from the ranchers who own the land down to the Rio Grande river.

When Trump was running his real estate business, he said eminent domain was great as he could force people to move to build his buildings.

[libertybele]

@libertybele

No, the process of eminent domain has already started to take the land from the ranchers who own the land down to the Rio Grande river.

Thank you for the information.  I find it very interesting that the process has already been started. 

[Fishrrman]

Victoria wrote:
"No, the process of eminent domain has already started to take the land from the ranchers who own the land down to the Rio Grande river."

Very good then.
This is one case where property SHOULD be "taken".

Insofar as eminent domain goes, the government CAN "take the property".
In an instance like this, if certain owners try to take it to court, the issue before the bench will not be whether or not the government has the right to take the property, but rather, how much money will be adequate compensation for such takings.

Or in my usual vernacular:
Get those people outta there, and start buildin'. Let 'em decide how much they're entitled to in court...

[edpc]

It is very difficult for me personally not to lean towards B.  He had 2 years with a full majority.  Regardless of what the Turtle and Lyin' Ryan threw at him, he could have then declared a national emergency. He declared an opioid epidemic awhile ago and we've experienced several caravans and more on the way. Yet another opportunity to declare a national emergency.   It is very questionable that he waited to make a big push for this right before the New DEM House was sworn in. Keep in mind as all this was going on, he's made an offer of DACA amnesty twice, even though SCOTUS threw a monkey wrench in that offer. If this whole scenario doesn't stink, I don't know what does.

He also had several offers to make his SOTU yet he obliged Nancy and delayed it.  There have been several recommendations for him to get funds needed for the wall, including Cruz's suggestion to make El Chapo pay for it, yet here we sit. 

This suggestion form the DOD is yet another. I find it difficult to believe that this wasn't made known to him before.

Sorry, I've lost hope and I don't trust our government. All I see is yet another blame game and horse and pony show.

Well, honestly, I do believe it is C and I made the other two comments as acerbic observations. He can’t really do this proposal first, because it’s yet another step between the negotiations cave and emergency declaration, which he’s already threatened, with no mention of this. People will say ‘so much for the emergency.’ If it fails and he tries to do the same exact thing as an emergency measure, it’ll look foolish. His only real option is the emergency gambit.  He’s hesitated to do it, because once implemented, it’s completely out of his hands. In the meantime, it still has some value as a threat in the negotiations, but only if the opposition thinks it can be done. So far, they’ve shown no fear of it.

[libertybele]

Victoria wrote:
"No, the process of eminent domain has already started to take the land from the ranchers who own the land down to the Rio Grande river."

Very good then.
This is one case where property SHOULD be "taken".

Insofar as eminent domain goes, the government CAN "take the property".
In an instance like this, if certain owners try to take it to court, the issue before the bench will not be whether or not the government has the right to take the property, but rather, how much money will be adequate compensation for such takings.

Or in my usual vernacular:
Get those people outta there, and start buildin'. Let 'em decide how much they're entitled to in court...

Except that have already started the process of eminent domain without $$$ from Congress to build the wall which is why their land is being taken in the first place.

[Victoria33]

Thank you for the information.  I find it very interesting that the process has already been started.

@libertybele

I got that information a while ago from two ranchers who had notice of the start of eminent domain to take their property.  I try to be sure of the truth of information before I put it on here.