politics Trump

Just As He ‘Predicted’, 16 ‘Cities’ Sue Trump For His ‘Flagrant Disregard’ Of Just About Everything

"Cities", states, whatever.

"Cities", states, whatever.
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15 comments on “Just As He ‘Predicted’, 16 ‘Cities’ Sue Trump For His ‘Flagrant Disregard’ Of Just About Everything

  1. One can only wonder how a congress with all the available legal talent to be found in DC, could have written such a piece of garbage as the Emergency Act. 50 USC sec. 1601, et seq.*, and especially sec. 1621(a), which contains the operative language. The act essentially hands over the power of the purse to any president by his declaration of an “emergency.” Nothing more need take place nor a factual findings made. The statute does not define, in any way shape or form, what circumstance(s) allow the President to declare an “emergency.” His conclusory declaration that there is an “emergency” is all that is necessary to invoke the statute. In law, it is called “ipse dixit,” that is: it is so, because he says it’s so.

    IMHO, the plaintiffs should have alleged** that the Emergency Act, 50 USC sec 1601, et seq., is unconstitutional in and off itself, as the statute violates Article I, Section 9 of the constitution, by delegating to the executive branch, powers over the purse, without narrowly defining the circumstances under which an emergency exists, when and how an emergency is determined to be found and proved up, and where the funds can be taken from.

    *https://policy.defense.gov/portals/11/Documents/hdasa/references/50%20USC%201601-1651.pdf

    **Here’s an easier to read format of the complaint: https://int.nyt.com/data/documenthelper/620-california-lawsuit-against-tru/8e2f7958e51b7fbf4c78/optimized/full.pdf#page=1 The claims start on page 49.

    • I agree the definition of Emergency or some outline should be written and added as an amendment. In our current situation, he stood in front of millions of people worldwide and said he didn’t need to do this and added he just wanted to speed it up — wouldn’t those comments literally reduce this matter to less than an emergency, by any definition?

      Even a first grader knows to look it up in the dictionary:
      noun, plural e·mer·gen·cies.
      a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.
      a state, especially of need for help or relief, created by some unexpected event

      Absolutely nothing about this stupid wall is “sudden, urgent nor unexpected” (been crossing the border for decades). At some point, we have to use Common Sense. (Thomas Paine, 1776)

      • The DOJ will argue that when Trump said, “I didn’t need to do this,” he simply meant “I didn’t need to do this [if only congress had opened the purse and provided the necessary funds I had been asking for, which I am now forced to take by declaration of emergency from military appropriations].”

        As I wrote, if one argues successfully, that the statute as written is unconstitutional on its face — in and off itself — given the statute violates Article I, Section 9 of the constitution, it end the inquiry. The Court does not have to address or “mind read what congress meant” by the word “emergency” or worse yet, conduct an inquiry on the record, as to whether congress meant that the president need only declare there’s an emergency and therefore there is one regardless if it is clear there is none.

        Congress screwed the pooch in the writing of the Emergency Act. 50 USC sec. 1601, et seq.
        https://int.nyt.com/data/documenthelper/620-california-lawsuit-against-tru/8e2f7958e51b7fbf4c78/optimized/full.pdf#page=1

  2. If I remember correctly, California funds the said railway like an adult, by issuing bonds …

  3. Nate, what a hoot! I wonder who would actually buy bonds for building a southern border wall? That would be a great test of the citizens’ commitment to said wall.

    • Ai, the ultimate test

    • well Nate, according to the „autocrats manual“, chapter 3, he could issue some forced loans.
      Other countries did the same in the past, it worked very well (you could even say „tremendous“).

    • The “wall bonds” could be covered by lncome from said wall (costume, tariffs, taxes, bribery) , but the best thing is that once the wall is completed, Trump can do his”magic thing” and default

    • Given the size of the current deficit I’m pretty sure it could be argued that if you have USTs in your portfolio you effectively have some participation in this misguided enterprise as the money he will use is already in the budget .

  4. iRa Reschman

    What if this ‘National Emergency’ is just a Dry Run? He will fight this in every court all the way to the Supreme Court. His picks on SCOTUS will allow this ‘National Emergency’; but tRump does not care about this one.

    If not before, depending on the Mueller investigation, by 2020 if he finds himself losing, he will again proclaim ‘National Emergency’, negating voters’ preferences and proclaiming Marshall Law.

    The complete take over of the US government, those that oppose=”Treason” and jailed or worse…

    • iRa:

      Sorry, it’s “Martial Law.” More common in so-called “banana republics,” it has actually been done once in the US, by Lincoln in 1863. The declaration, supported by Congress, also included the suspension of Habeas Corpus and other important constitutional civil rights. It means that the President and Congress put the government entirely in the hands of the military (a sort of a voluntary coup, as it were). While this may be possible today, Trump may wish to think twice about this after the way he has treated some of the most decorated current military leaders during his two years in office. Also, there might be some collateral damage he might not like shutting down Fox News, or forcing the closure of all his golf courses for supporting subversive individuals/causes.

      • iRa Reschman

        Thanks so much for the correction, won’t be making a tRumpism with that one anymore…

        Take care and best of luck, we’re going to need it!

  5. That is a scary thought.
    Somehow I doubt it, though, as it would require long-term, strategic thinking. Which is what President Attention Deficit is worst at.
    Otherwise one can only hope that either:
    i) GOP Senators find their lost balls and put an end to this farce
    ii) Mueller does
    iii) all the hamberders and diet coke take their toll

    Here is a thought: what would the MAGA crowd, many of whom are ardent supporters of the 2nd amendment, do in this case?

    • iRa Reschman

      Hello Mon,
      You left with a thought about the MAGA crowd, “what would they do in this case”–Easy, kill, maim or imprison: leftists, minorities, women, Democrats, Muslims, ___________(fill in the blank)…

      This is not meant to be funny, so I appreciate the first two of your hopes…

      I kind of don’t understand what the 2nd amendment has to do with tRump taking over…Just because he can’t think beyond a couple of minutes, you gotta know who he’s been appointing to carry out what he wants to see and they’re ready for ‘blood’; from Bolton to Pompeo to other toadies–just waiting…

      You take care, need all the awareness we can handle!!

      iRa

  6. I’m with you, it‘s not funny at all.
    I was referencing the 2nd as it was meant as a safeguard against a tyrannical government.
    But you‘re right, expecting the MAGAs to understand this is probably asking too much.

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