I’ve been reading several news articles that Trump is likely to declare a national emergency shortly after Valentine’s Day to direct funding toward building the border wall. What do you all think is the likely way this would play out? This seems like it would be relatively uncharted territory, so I’m not at all sure how things would progress. It seems the likeliest outcome is a court challenge that would someohow stop Trump from proceeding, but how would that work exactly? I assume someone with standing would have to file suit, but I’m not sure who that would be. Nancy Pelosi maybe, with the basis being that Trump is usurping the legitimate authority of congress? Or could the courts possibly find that this actually isn’t an emergency and block it on those grounds? At the same time, even if Trump proceeds with the emergency, there is still the whole matter of the shutdown restarting, which I assume wouldn’t be addressed by the emergency declaration. What would the negotiations like at that point with the wall off the table due to the declared emergency? I assume that declaring an emergency is in some way likely to fail or backfire on Trump, or he would have already done it. The thing is I have no idea what the actual details would be as it plays out.
He’ll call the National Emergency (NE), it’ll get challenged in court, might go all the way to SCOTUS. Some section of the wall will be built on some land already owned by the military, everybody goes home, America remains stupid.
I would think his advisors would make every effort to wrangle him out of that disastrous move but can they?
Idk what sort of consequences would follow falsely declaring a national emergency though …aside from I think it would go to the judicial branch to decide if it was false and then???
I just posted this the other day in the Trump’s Shutdown thread in the Pit:
AFAIK there is no judicial review of a declaration of a national emergency. What can be challenged is the legality of the steps taken to counter the emergency.
WaPo has an article today, McConnell privately cautions Trump about emergency declaration.
It says that a National Emergency can be overturned by an act of Congress and Mitch is afraid that could happen.
That’s worked out so well in the past…
</sarcasm>
Trump will TRY to shut down gov again on Feb 15th. Just like a toddler would do when he doesn’t get his Spaghetti O’s without extra ketchup. I THINK the senate will intervene privately with his tweet tantrum, and convince him to make another tweet about himself claiming how great he is. The toddler will be put to bed for a few days, and then will wake up with colic once again.
Rinse and repeat.
The President has offered concessions. Democrats who claim they are for broder security and would take these connecsison piece mail any day of the week can’t allow Trump to have another win, even if the lives of USA Citizens are on the line.
National Emergency Definition: A situation beyond the ordinary which threatens the health or safety of citizens and which cannot be properly addressed by the use of other law. In the United States, powers were interpreted from constitutional documents to vest in the President to declare a national emergency.
Here’s what I’d do if I were Trump.
1 ) Go over Barack Obama’s speech to remind Democrats he agrees with him. Listen to it.
https://www.c-span.org/video/?c4719495/barack-obama-illegal-immigration
2 ) In the state of the Union, have the family of the slain police offer at the hands of an illegal immigrant on hand. The documentary on this problem.
3 ) As an offer in good faith, give Nancy and Chuck one more chance to accept his comeccsions made, with a timeline on it of August 2020 ( Just before the next election ) If Democrats try to judge shop, pull it.
I’m fairly sure Trump will declare a national emergency, and I’d argue with anyone the amount o lives lost, people victimized ( Other Crimes, Drugs, Human Trafficking )and money spent exceeds almost all or all of the damage done in the other declared national emergencies
Why would Democrats in favor of border security want to cooperate with Trump’s attempts to weaken border security?
The story being pushed that all illegal immigrants are murderers and rapists and that they increase the crime rate is just rubbish.
“Can’t be” addressed by other law, or merely hasn’t been addressed because more than half of the legislative branch doesn’t agree with the president’s proposal?
What happens if one of the Democratic members invites the family members of the women slain by a Border Patrol supervisor turned serial killer? Would that “prove” that the lives lost and people victimized by criminals with badges (cite, cite) means that abolishing the Border Patrol is necessary for public safety, or merely that people come in all sorts, good, bad, and indifferent?
And what if congress says, “No, we got this, that can be addressed by law.”?
Or bring some family from the victims from the Las Vegas shooting, or the Parkland shooting, or any of the other mass shooting, or even just victims of general gun violence.
The Mexican embassy in Washington D.C. is only a few blocks from the White House. Republicans need to tell their orange Jesus to waddle on over there and pick up a check because that’s the only way this ridiculous, unnecessary wall will ever get built.
Hmmm. Looks like much of that is covered in “the other declared national emergencies” that are currently in effect:
**5. Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Oct. 21, 1995)
- Blocking Property of Transnational Criminal Organizations (Jul. 25, 2011)**
So we’re down to the damage caused by individuals and small-time criminals.
I suppose if you collected every last crime committed by someone in the country illegally, the toll might exceed that of:
10. Declaration of National Emergency by Reason of Certain Terrorist Attacks (Sept. 14, 2001)
but most persons who are in the country illegally entered legally, then overstayed their visas. A wall wouldn’t have kept them out, nor would it have prevented their crimes.
And of course, most persons who entered the U.S. illegally at some point in the past, did so at places where a wall or other border barrier has already been constructed.
A declaration of emergency to construct Trump’s wall would need to be justified by the damage from crimes committed by persons who entered the U.S. illegally at places where Trump’s wall would be, aside from those covered by existing national emergencies (see above).
Do you have evidence that that’s more than a drop in the bucket? I think not.
But as the article says, Trump could maintain the state of emergency by vetoing the resolution, and it’s quite unlikely that there would be sufficient votes for an override.
No, Mitch’s game here is the same one he’s been playing for a long time: he doesn’t want his Senators to have to vote one way or the other on anything controversial, unless it’s something he badly wants (e.g. the tax cut, pro-corporate Supreme Court Justices).
If they take votes on measures of controversy, they can either offend their base, or they can offend Dems, which would increase the chances of their losing a primary or a general election, respectively. And Mitch wants to keep them all nice and safe from any of that.
Very interesting: two-thirds of Americans oppose Trump declaring a national emergency to build a wall.
True, this would be Trump’s first veto. It would show a stark divide in the Republican Party. Worse yet for Mitch, Trump would very likely view this as a failure of loyalty and start attacking Republicans up for reelection in 2020.
Of course he doesn’t have any evidence, because nobody, including Trump, has any idea where this wall is to be built.
They’ll build a few miles of a wall on some military base on or near the border, where, of course, nobody will cross anyway because of the fence and signs, in both English and Espanol, saying “property of US ARMY, trespassers will be SHOT” or somesuch. But there will be a few miles of wall for Dotard to stand in front of.
I’ve posted the same elsewhere - it could be a net positive if it inspired Congress to actually perform its supposed oversight of declared emergencies…