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California tells Trump that lawsuit over border wall is 'imminent'


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California tells Trump that lawsuit over border wall is 'imminent'

By David Morgan and David Lawder

 

2019-02-17T165939Z_1_LYNXNPEF1G0E3_RTROPTP_4_USA-TRUMP.JPG

FILE PHOTO: The prototypes for U.S. President Donald Trump's border wall are seen behind the border fence between Mexico and the United States, in Tijuana, Mexico January 7, 2019. REUTERS/Jorge Duenes/File Photo

 

WASHINGTON (Reuters) - California will "imminently" challenge President Donald Trump's declaration of a national emergency to obtain funds for a U.S.-Mexico border wall, state Attorney General Xavier Becerra said on Sunday.

 

"Definitely and imminently," Becerra told ABC's "This Week" programme when asked whether and when California would sue the Trump administration in federal court. Other states controlled by Democrats are expected to join the effort.

 

"We are prepared, we knew something like this might happen. And with our sister state partners, we are ready to go," he said.

 

Trump invoked the emergency powers on Friday under a 1976 law after Congress rebuffed his request for $5.7 billion to help build the wall that was a signature 2016 campaign promise.

 

The move is intended to allow him to redirect money appropriated by Congress for other purposes to wall construction.

 

The White House says Trump will have access to about $8 billion. Nearly $1.4 billion was allocated for border fencing under a spending measure approved by Congress last week, and Trump's emergency declaration is aimed at giving him another $6.7 billion for the wall.

 

Becerra cited Trump's own comment on Friday that he "didn't need to do this" as evidence that the emergency declaration is legally vulnerable.

 

"It's become clear that this is not an emergency, not only because no one believes it is but because Donald Trump himself has said it's not," he said. 

Becerra and California Governor Gavin Newsom, both Democrats, have been expected to sue to blockTrump's move.

 

Becerra told ABC that California and other states are waiting to learn which federal programs will lose money to determine what kind of harm the states could face from the declaration.

 

He said California may be harmed by less federal funding for emergency response services, the military and stopping drug trafficking.

 

"We're confident there are at least 8 billion ways that we can prove harm," Becerra said.

 

Three Texas landowners and an environmental group filed the first lawsuit against Trump's move on Friday, saying it violates the Constitution and would infringe on their property rights.

 

The legal challenges could at least slow down Trump's efforts to build the wall but would likely end up at the conservative-leaning U.S. Supreme Court.

Congress never defined a national emergency in the National Emergencies Act of 1976, which has been invoked dozens of times without a single successful legal challenge.

 

Democrats in Congress have vowed to challenge Trump's declaration and several Republican lawmakers have said they are not certain whether they would support the president.

 

"I think many of us are concerned about this," Republican Senator Ron Johnson of Wisconsin, who chairs the Senate Homeland Security Committee, told NBC's "Meet the Press."

 

Trump could, however, veto any resolution of disapproval from Congress.

 

White House senior adviser Stephen Miller told Fox News on Sunday that Trump's declaration would allow the administration to build "hundreds of miles" of border wall by September 2020.

 

"We have 120-odd miles that are already under construction or are already obligated plus the additional funds we have and then we’re going to outlay – we’re going to look at a few hundred miles."

 

Trump's proposed wall and wider immigration policies are likely to be a major campaign issue ahead of the next presidential election in November 2020, where he will seek a second four-year term.

 

(Reporting by David Morgan and David Lawder; Editing by Lisa Shumaker)

 

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-- © Copyright Reuters 2019-02-18
Posted
12 minutes ago, Cryingdick said:

 

Exactly. The precedent started when Obama “ruled with the pen”. That ship has sailed it’s exactly what the dems did when they had the house, senate and Oval Office. Unfortunately for them they were arrogant and lost to what they thought was a mental midget. 

 

This is is a continuation of what Obama tried to do not a new play by Trump.

Actually, Clinton started this in the modern era. It was steadily expanded by Bush and Obama. Nixon set the groundwork for the move. 

 

The US Constitution is a beautiful document. I've studied it in depth. It's meant to be a living document though, and its intent is to preserve the balance of powers. Let's remember that no matter who is President and no matter which party is in power.

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Posted
Just now, Thainesss said:

 

This opinion might carry weight if we didn’t JUST have a president that ruled with a “pen and a phone” and a fawning media carrying his water for it, so you can spare us all the hypocritical take on Trump being a strongman for protecting the nation. 

And the courts often shot down Obamasattempts to get away with it. As for what you allege about the media, why is that in the least bit relevant? Your response is just a ridiculous right wing reflex.

The American electorate just showed that it doesn't buy Trump's alarmism about immigration. And Trump himself said it wasn't an emergency. Maybe you should try to convince him that it really is.

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