Appeals court rules funding for Trump border wall "unlawful"
Jun 26, 2020 21:52:27 GMT
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Post by Deleted on Jun 26, 2020 21:52:27 GMT
Appeals court rules funding for Trump border wall construction 'unlawful'
www.nbcnews.com/politics/donald-trump/appeals-court-rules-funding-trump-border-wall-construction-unlawful-n1232287
The Trump administration can't catch a break with the judiciary. Talk about continually getting you hand caught in the Constitutional cookie-jar!
The Trump administration does not have the authority to use military funding to pay for construction of a border wall, a federal appeals court panel ruled on Friday.
In a 2-1 ruling, a 9th U.S. Circuit Court of Appeals panel found that diverting $2.5 billion Congress had appropriated for the military violated the Constitution and is unlawful.
The executive branch "lacked independent constitutional authority to authorize the transfer of funds," the ruling said. "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.' Therefore, the transfer of funds here was unlawful."
The decision upheld a ruling by a federal judge in California who last year found that the Trump administration's funding scheme was against the law. A coalition of states led by California had filed suit to block the move.
The U.S. district court judge, Haywood S. Gilliam Jr., found the administration failed to prove the money was needed for "unforeseen military requirements."
The appeals court agreed, noting problems with drug smuggling at the border is "a long standing problem" and not "unanticipated or unexpected."
In a 2-1 ruling, a 9th U.S. Circuit Court of Appeals panel found that diverting $2.5 billion Congress had appropriated for the military violated the Constitution and is unlawful.
The executive branch "lacked independent constitutional authority to authorize the transfer of funds," the ruling said. "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.' Therefore, the transfer of funds here was unlawful."
The decision upheld a ruling by a federal judge in California who last year found that the Trump administration's funding scheme was against the law. A coalition of states led by California had filed suit to block the move.
The U.S. district court judge, Haywood S. Gilliam Jr., found the administration failed to prove the money was needed for "unforeseen military requirements."
The appeals court agreed, noting problems with drug smuggling at the border is "a long standing problem" and not "unanticipated or unexpected."
The Trump administration can't catch a break with the judiciary. Talk about continually getting you hand caught in the Constitutional cookie-jar!
