To Account for the Wall: Why States Are Suing Trump
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To Account for the Wall: Why States Are Suing Trump


WASHINGTON - February 21, 2019

A coalition of sixteen US states has filed a lawsuit against Trump's administration over his declaration of a national emergency to unlock funds for the US-Mexico border wall.

The Congress refused to finance the Trump project, so he resorted to a state of emergency. Congress later granted him $1.375 billion for the barrier construction--less than a quarter of the $5.7 billion he requested.

Trump's declaration, under the National Emergencies Act, aims to allow him to take some $6.1 billion from Title 10 funding for the armed forces. This would consist of $2.5 billion under Department of Defense funds for counter-drug activities, up to $3.6 billion from Pentagon military construction projects, and $601 million from the Treasury's forfeiture fund.

However, opponents consider Trump's actions illegal and are going to sue him.

According to US law, the emergency regime provides the President with additional powers to deal with crisis situations. These powers will allow bypassing the Congress to finance the wall construction on the border with Mexico.

In a speech during the proclamation of the state of emergency, Trump admitted that he expects an appeal against this decision in the courts. The head of the White House hopes that the Administration will eventually win in court.

The first claim demanding to block the declaration was filed by the non-governmental Public Citizen organization, representing three landowners in Texas and an environmental group.

Another non-governmental organization, the American Civil Liberties Union also announced preparation for filing a lawsuit.

"Donald Trump, see you in court," Governor of California Gavin Newsom later said.

At the same time, California Prosecutor Javier Becher noted he plans to cooperate with other states to take legal action against the White House.

As a result, a states coalition decided to sue Trump. The lawsuit was filed in the Northern district of California. It alleges that Trump has insufficient grounds to declare a national emergency. It says his claim that illegal immigration at the US-Mexico border constitutes a crisis is unfounded.

Trump has repeatedly referred to the situation at the border as "a crisis" and "an invasion."

"President Trump has veered the country toward a constitutional crisis of his own making," the lawsuit said.

It's worth noting the states involved in the lawsuit are liberal California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.

They added that Trump's justification for a wall — that it would prevent the illegal flow of drugs, gang members, human traffickers, and criminals into the US — were unfounded.

"The salient facts regarding the ostensible 'crisis' that President Trump repeatedly invoked in these numerous statements have not significantly changed since his inauguration as President in January 2017," the lawsuit said.

President's Reaction

Trump tweeted on Tuesday that he "predicted" the lawsuit, and he specifically attacked California for spending money on a high-speed-rail project rather than on the wall.

"As I predicted, 16 cities, led mostly by Open Border Democrats and the Radical Left, have filed a lawsuit in, of course, the 9th Circuit!" he tweeted, incorrectly referring to the 16 states as cities. "California, the state that has wasted billions of dollars on their out of control Fast Train, with no hope of completion, seems in charge!"

"The failed Fast Train project in California, were the cost overruns are becoming world record setting, is hundreds of times more expensive than the desperately needed Wall!" he added.

Trump last week accused of California of "having spent and wasted many billions of dollars" in federal funding on the project. Gov. Gavin Newsom called Trump's statement "fake news," saying it was California's money allocated by Congress.

Congressional Actions

The Legal Committee of the House of Representatives will also investigate the legality of the introduction of the state of emergency by the President.

"Plundering the military budget for the construction of the wall, the funds for which Congress did not agree to allocate, you violate the basic principle of the division of power and undermine one of the main provisions of the Constitution," said a document signed by the Chairman of the Committee Gerald Nadler and 5 heads of subcommittees.

The letter notes that the legal Committee "begins an immediate investigation into the matter, which raises serious constitutional and statutory issues.”

"We ask that those who participated in the preparation of this statement, including white house adviser Pat Sipollon and officials of the Ministry of justice, be available for hearings in the coming days, so that we can fully understand the rationale for your unilateral declarations," the congressmen said.

They stressed that in fact there is no emergency on the southern border yet.

Democrats’ Prospects

As you can see, the confrontation between the Democrats and Trump on the wall on the border with Mexico simply pumped from Congress to the courts.

The acting head of the White House Mick Mulvany noted that Trump didn't create the jurisdiction of precedent.

"The President has such powers provided by the law. He did not just wave a magic wand and took the money after he did not get what he wanted," the BBC quotes Mulvany.

The battle for the wall closer to the presidential elections will escalate even more, said the American Journal of Political Science. Democratic Party representatives and other Trump's opponents are loyal to migration in general and talk about the need to mitigate in this area. The President acts in a diametrically opposite direction.

Perhaps, the only factor that can affect the implementation of the project is the publication of the dossier of special Prosecutor Robert Mueller. If it contains information that political opponents can use against the President, it will bury both trump and the construction of his wall.

In general, the situation is rather simple. Globalists, who are mostly represented by Democrats, are furious. They lose due to the current global economic model based on dollar expansion no longer works and don’t ensure economic growth. They lose popularity and are willing to do anything just to discredit Trump and prevent him from realizing his campaign promises.

It is almost impossible to change the situation under the current economic model. The mechanism of the maintenance demand doesn't work. It's impossible to force banks to share. That is, if you force financial institutions to give people more money, then they inevitably begin to take more for themselves. And then it causes inflation.

When it comes to the next confrontation between Trump and Congress and individual states, this is the next attempt to change the model. But as practice shows, it's impossible to change the economic model without changing the political model.

At the same time, a big problem for him is that the destruction of the old model can harm him. Because as part of propaganda, it will be explained that since he is the head of state, he is to blame for everything. And we have to understand that problems will inevitably arise as these problems are objective. It's not clear what to do. To change something, we need a change in political power. And since there is no other model, the profits are generated by the old model, and its beneficiaries are still financiers and they still take the lion's share of the profits.

Thus, there are only two ways out of this situation: Either someone will make some sharp movement, or the crisis will reach such a level that there will be no way back. The system will destroy itself, and this destruction will become so widespread that no political force can reverse the process. The downside of this process may be that the world will have a huge number of losses.

Author: USA Really