Appeals court rules against Trump's 'unlawful' border wall funding
by Anthony Leonardi, Breaking News Reporter
| June 26, 2020 05:04 PM
An appeals court found that President Trump unlawfully obtained funding to construct a wall along the U.S.-Mexico border by diverting money from the military.
A panel of judges on the 9th U.S. Circuit Court of Appeals ruled in a 2-1 decision Friday that Trump exceeded his constitutional powers by diverting $2.5 billion from the Pentagon to fund a border wall. Last year, Trump declared a national emergency to use the funds as part of an attempt to fulfill a central 2016 campaign promise on immigration.
"The Executive Branch lacked independent constitutional authority to authorize the transfer of funds. These funds were appropriated for other purposes, and the transfer amounted to 'drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause,'" wrote Judge Sidney Thomas for the deciding opinion. "Therefore, the transfer of funds here was unlawful."
The decision affects areas of the border wall currently undergoing construction and more than 100 miles that have already been funded. The two judges ruling against the president were appointees of Democrats, while the dissent came from a Trump appointee.
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