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Exclusive: White House preparing draft national emergency order and identified $7 billion for wall

Dangerous precedent, bad idea.

For everyone who bitched about Obama using executive order(I did) to push through some of his agenda, this is your put up or shut up moment...
 
The admin should just refuse to follow a judges order, the law gives judges no authority to question the president’s judgement here, so trump should order it built post haste and then simply pardon the officials in charge of any contempt orders

LOL! So you have no idea how our legal system works?

Schweet!
 
Not really. We have 3 branches of Govt. and the other 2 equal parts always have some say over what a President does. I'm amazed that so many of you think Trump was elected dictator. He's not.

Not in this case. Congress gave the Executive sole discretion to enter into contracts he deems serve a national defense interest. All he has to do by law is notify a committee in writing if the amount is greater than $25 million. It’s similar to war powers and we don’t have unhinged cries of dictatorship when the President decides to bomb the hell out of somebody without a declaration of war from Congress. In that case too, it only requires notification not consent.
 
Dangerous precedent, bad idea.

For everyone who bitched about Obama using executive order(I did) to push through some of his agenda, this is your put up or shut up moment...

It depends on what the executive order is for and what the legal basis for it was. The emergency declaration to build border fencing is very sound legally as long as an ideologically liberal judge doesn’t block it for political reasons.

Orders Obama did that were legal (but I think inadvisable) was ending don’t ask don’t tell, but orders like DACA and DAPA were clearly not


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The president of Mexico is probably reading about this right now. No problem - Mexico will pay for the wall.
 
Dangerous precedent, bad idea.

For everyone who bitched about Obama using executive order(I did) to push through some of his agenda, this is your put up or shut up moment...

Agreed, with qualification: depending on which executive order and which context.

Something like DACA was an exercise of prosecutorial/executive discretion in enforcing the law. Was it too far? Answering that depends on a rather more deep analysis of the historical long-standing use of said discretion in other contexts. At the very least, we know no law is enforced to its full extent. There is great leeway in what is investigated and what charges are brought. Always has been.

Sadly, that fight wasn't really had because we never got over the first hurdle: whether a president can direct an agency to focus its limited resources on given targets such that others are ignored.



And then we've got various president's "signing statements", all of which are about which portions of a law will be not enforced based on a claim about an opinion on constitutionality.
 
It depends on what the executive order is for and what the legal basis for it was. The emergency declaration to build border fencing is very sound legally as long as an ideologically liberal judge doesn’t block it for political reasons.

Orders Obama did that were legal (but I think inadvisable) was ending don’t ask don’t tell, but orders like DACA and DAPA were clearly not


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He's going to get heat from every conceivable direction if he goes this route. It'll get tied up by the courts right out of the blocks. It will likely get upheld by SCOTUS in the end but that might be a year or more down the road. Once that hurdle is cleared, it'll get tied up in the states for a variety of different reasons. Environmental impact and eminent domain are just a couple of things I can come up with off the top of my head.

And then there's the big one... if he does somehow navigate all of that and manages, by executive fiat to build the thing before he leaves office, the next Democratic President will just tear it down by executive fiat. Bet your life on it.

This is a terrible idea.
 
He's going to get heat from every conceivable direction if he goes this route. It'll get tied up by the courts right out of the blocks. It will likely get upheld by SCOTUS in the end but that might be a year or more down the road. Once that hurdle is cleared, it'll get tied up in the states for a variety of different reasons. Environmental impact and eminent domain are just a couple of things I can come up with off the top of my head.

And then there's the big one... if he does somehow navigate all of that and manages, by executive fia,t to build the thing before he leaves office, the next Democratic President will just tear it down by executive fiat. Bet your life on it.

This is a terrible idea.


Yup. It's a terrible idea, and even someone who is a literal racist who absolutely hates non-whites should agree for the simple reason that it won't work.

Not the best defense.....I've got better. But yes, even that should make the worst of the worst conclude it's a crap idea.




I rather hope he does it. I don't like him very much. The sooner he crashes and burns, the better for all of us.
 
This is terra nuova for all of us, but Renato Mariotti claims that a declaration of emergency (and what would follow from that) is not legal. I'm not qualified to comment on his opinion one way or the other.

Alyssa Milano: "Is this legal? Anyone?"

Renato Mariotti: "No, it isn't."

https://twitter.com/renato_mariotti/status/1088592601622761472

In any case, a declaration of emergency is an admission that he's lost the public debate on this issue.
 
He's going to get heat from every conceivable direction if he goes this route. It'll get tied up by the courts right out of the blocks. It will likely get upheld by SCOTUS in the end but that might be a year or more down the road. Once that hurdle is cleared, it'll get tied up in the states for a variety of different reasons. Environmental impact and eminent domain are just a couple of things I can come up with off the top of my head.

And then there's the big one... if he does somehow navigate all of that and manages, by executive fiat to build the thing before he leaves office, the next Democratic President will just tear it down by executive fiat. Bet your life on it.

This is a terrible idea.

Yip when a Democrat gets into office it will come down faster than the solar panels on the Whitehouse when Reagan moved in.

And then every president from here on out will do the same thing if they can t achieve campaign promise's through normal procedure.

Trump is the master of the deal, maybe he should read his own damn book.
 
He's going to get heat from every conceivable direction if he goes this route. It'll get tied up by the courts right out of the blocks. It will likely get upheld by SCOTUS in the end but that might be a year or more down the road. Once that hurdle is cleared, it'll get tied up in the states for a variety of different reasons. Environmental impact and eminent domain are just a couple of things I can come up with off the top of my head.

And then there's the big one... if he does somehow navigate all of that and manages, by executive fiat to build the thing before he leaves office, the next Democratic President will just tear it down by executive fiat. Bet your life on it.

This is a terrible idea.

In reality if the scotus clears it the wall goes up, the government already passed laws a decade ago exempting border security from all environmental rules.

I don’t think the Dems would tear it down, that’s too direct and they don’t want to tell the public they’re pro-open border
 
Yip when a Democrat gets into office it will come down faster than the solar panels on the Whitehouse when Reagan moved in.

And then every president from here on out will do the same thing if they can t achieve campaign promise's through normal procedure.

Trump is the master of the deal, maybe he should read his own damn book.

No they couldn’t, the emergency law trump is looking at using is very limited, it can’t be used as arbitrary lawmaking authority.
 
I missed where judges were running the country and not the POTUS.

I missed where trump is running the country, so far all I have seen are criminals scrambling to jump of the trump Titanic and try to stay out of jail.

This particular power grab is is even turning some hard core Conservatives stomachs...
 
I missed where trump is running the country, so far all I have seen are criminals scrambling to jump of the trump Titanic and try to stay out of jail.

This particular power grab is is even turning some hard core Conservatives stomachs...

Im not surprised you missed it. Pro America is such an awful thing for dems to look at.
 
How can he declare a crisis when border crossings are down and for two years it wasn't a crisis with a REPUBLICAN congress?

EDIT: I don't think even his new founded SCOTUS boys would rule in his favor on that one.

I agree. If the WH has a draft proclamation, imagine how many injunctions have been drafted. I really don't think the SCOTUS would allow such an action.
 
The admin should just refuse to follow a judges order, the law gives judges no authority to question the president’s judgement here, so trump should order it built post haste and then simply pardon the officials in charge of any contempt orders

Holy ****. We literally have seemingly educated people claiming that the judiciary has only limited review powers over the executive. The Founders' experiment is failing.
 
I think it is BS, Trump needs a way out of the corner, now will Pelosi - Trump reach an agreement ?
Bill to be entered/ or later the wall Law Away payment plan, to be defined later?

The wall will never, ever be built. So we're just waiting for Trump to run screaming from the burning building. I don't see any way out for him except to try the executive order and then blame the courts.
 
The wall will never, ever be built. So we're just waiting for Trump to run screaming from the burning building. I don't see any way out for him except to try the executive order and then blame the courts.

I think he is reaching out to get a face saving deal???
 
The admin should just refuse to follow a judges order, the law gives judges no authority to question the president’s judgement here, so trump should order it built post haste and then simply pardon the officials in charge of any contempt orders
Not a bad plan, except that a president cannot pardon contempt orders.
 
I think he is reaching out to get a face saving deal???

Unfortunately for him, he's not going to get it. Schumer just released a statement saying that the "pro-rated down payment" thing is unacceptable. He messed this up more than I ever imagined possible. Guess he should have taken his stupid wall the first time the Democrats offered it to him.
 
People don't see this as a crisis because it has never been called out for what it is...A crisis. No President has had the balls to take on immigration until Trump. People are flooding across the border illegally, I'd say that is a crisis.
 
Not in this case. Congress gave the Executive sole discretion to enter into contracts he deems serve a national defense interest. All he has to do by law is notify a committee in writing if the amount is greater than $25 million. It’s similar to war powers and we don’t have unhinged cries of dictatorship when the President decides to bomb the hell out of somebody without a declaration of war from Congress. In that case too, it only requires notification not consent.

I think that's pretty different. The president has broad war powers, mostly because Congress abdicated them after 9/11. The president has no power over appropriations. He cannot work around Congress to get money that they refuse to give him. I just can't imagine the SCOTUS allowing that.
 
So you believe that this President is an expert on border security and what constitutes an "emergency" and no one dare question him? That does not sound right to me. Trump is not an expert on anything and has no qualifications to be either.

And Pelosi and Schumer are the experts. I don't know if neither of them have ever been to the border, let alone talk to all the top brass at the border what is needed to provide the best security. All Pelosi knows is walls don't work, what expert told her that? And where in the hell did she get a wall is immoral. Who was the expert advising her on morality?

As for Trump being an expert, he sure has had visits to the border and has talked to the border top brass as to their needs to secure our border. When I compare Trump vs Pelosi / Schumer, Trump is hands down the most educated on the subject of border security. In fact Trump and the generals got rid of ISIS when Obamafail could not take out the TV Team. Obamafail didn't even know what a RED LINE meant.
 
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