Do they think this is an ultimatum of some sort? Because if the Dems said “Do your worst” over a shutdown then there’s no threat here worth even noticing. It’s a breakdown of our system but that’s a commonplace now. The only person it can possibly hurt is Trump as he’s repudiated in the courts. There’s simply no emergency.
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peeResident. All fixed.
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A Presidential declaration of a National Emergency can be reversed by Congress via a Joint Resolution forwarded to the President for his signature. He can veto that, at which point his veto can be overode by a vote in Congress. Either body can enact such a resolution independent of the other body. Once adopted it is forwarded to the opposite house, and they are required by law to affirmatively vote it up or down. Speculation is Pelosi would immediately forward to the Senate a resolution to terminate the declaration. That would force the Senate to go on the record either supporting Trump’s maneuver, or terminating it. McConnell is said to be very averse to granting Trump his declaration, viewing it as an uneccessary erosion of Congressional powers. Should be interesting. Some assert the legal battle would drag out and delay Trump’s efforts to seize funds for his wall, but the timelines in the statute for action by Congress are fairly tight. Any delaying action would have to take place in the courts.
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Really? I didn’t know there was a low that McConnell wouldn’t go.
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Whatever McConnell’s shortcomings his parochial motivations to protect his turf are strong. Surrendering the Senate to a sitting President isn’t a concession he cares to make. He has the inauguration in 2021 to consider, and the person placing their hand on the bible that day may be someone McConnell has a great deal invested in thwarting at every turn.
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Nice. You find the BEST stuff.
Maybe Nixon should have thought of that?
https://www.huffingtonpost.com/entry/trump-nixon-state-of-the-union_us_5c5bbd16e4b00187b5583133
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If Congress Won’t Cooperate, Trump Will Use Executive Authority
To do what? Order another bag of life shortening fast food?
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It is not legal to declare there is an emergency when there is no emergency.
Call 911 Mulvaney, make up a crime, and see how much the police appreciate their trip to your house.
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Conveniently for a President the statute permitting the declaration of an emergency does not define what conditions constitute an emergency. Hence the provision Congress can vote to terminate such a declaration. Congress is effectively granted the purview of deciding if the designation of an emergency is valid.
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I can’t imagine a more disastrous “strategy” for Trump. Pure madness IMO.
I think we should put a checkoff box on everyone’s Federal Tax Return: “Do you want to earmark $20 of your taxes for peeResident Spankee’s last erection: a stupid fucking wall on the US-Mexico border? Checking the box will not change your taxes or refund due in any way.”
“…If Congress won’t participate or won’t go along, we’ll figure out a
way to do it with executive authority. With, and let’s be clear about
this, legal executive authority,” Mulvaney told Fox News’ Sean Hannity.
“This is not a circumstance of the President overstepping his bounds.”
…
Am I to understand, Mick, that trump has $5.7 billion dollars stashed somewhere? He could use the Army to build his wall but logistics will be a massive problem, Mick. And land acquisition will also be a huge head ache. Then there’s the issue of land cut off by a wall all along the Rio Grande that will effectively become Mexican territory. The base may not be thrilled we might give Mexico hundreds of square miles of American ranch land.
How will trump manage to build a wall in the Big Bend country? The border looks like this in Santa Elena canyon:
And will the Military be used to enforce law along the border? Hmmm? That will run up against the Posse Comitatus Act which stipulates that themilitary cannot be used for law enforcement.
It’s all so simple when you’re blathering at Hannity on Fox and you can ignore all the tough aspects.
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Let’s be clear, Mr. Mulvaney. There is NO “executive authority” for a president to spend one penny of taxpayer dollars that is not appropriated by CONGRESS. I suggest you read the Constitution: " No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law" Article 1 - look it up (as Budget Director and previous Congressman, I suspect you know darn well what it says…).
My understanding of this is the DoD has what is essentially a slush fund, a pool of money not specifically earmarked for defined use, or via the appropriation language open to redirection to unanticipated or urgent needs. Paired with that the National Emergencies Act has statutory exceptions permitting a President enhanced discretion when his declaration entails the use of the DoD in executing an emergency declaration. Trump is proposing tapping these funds and funding the military’s machinary and labor for building his wall (along with other contracts he’s apparently permitted to award via Executive action due to an alleged emergency), ostensibly because the emergency is national security related in nature.
TITLE IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT
SEC. 401. (a) When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations. (b) All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate. © When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.
Presidential