Trump’s Spending for Border Wall Rejected by US Appeals Court

A federal appeals court on Friday said U.S. President Donald Trump was wrong to divert $2.5 billion meant for the Pentagon to build part of his long-sought wall along the U.S.-Mexico border.

In a pair of 2-1 decisions, the 9th U.S. Circuit Court of Appeals said the White House lacked constitutional authority for the transfer, noting that Congress had denied the funding and finding no “unforeseen military requirement” to justify it.

The court also said California and New Mexico, which share a border with Mexico and were among 20 states suing the government, had legal standing to sue.

Chief Judge Sidney Thomas said “the Executive Branch’s failure to show, in concrete terms, that the public interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice’s own data points to a contrary conclusion.”

Trump had declared a national emergency at the border in February 2019 to access the funds.

A Justice Department spokeswoman declined to comment.

California Attorney General Xavier Becerra praised the San Francisco-based court for halting Trump’s “unlawful money grab,” saying taxpayers deserve to know their money goes where Congress intends.

U.S. House Speaker Nancy Pelosi called the decisions “a great victory for the rule of law,” saying Trump undermined military readiness to fulfill his “outrageous campaign promise” to build a wall.

The appeals court also ruled that the Sierra Club and Southern Border Communities Coalition could sue over the diversion and deserved an injunction.

That ruling may be symbolic because the U.S. Supreme Court said last July the nonprofits likely had no legal right to sue.

The Supreme Court also let the $2.5 billion be spent while litigation continued, blunting the likely impact of Friday’s decisions.

President Bill Clinton appointed both judges in Friday’s majority. Trump appointed the dissenting judge. Friday’s decisions totaled 184 pages and upheld lower court rulings.

The cases are California et al v Trump et al, 9th U.S. Circuit Court of Appeals, No. 19-16299 and 19-16336; and Sierra Club et al v Trump et al in the same court, Nos. 19-16102 and 19-16300.

(Reporting by Jonathan Stempel in New York; editing by Jonathan Oatis and Sonya Hepinstall)

Responses

  1. Oh you mean the wall that isn’t working? πŸ˜‚
    “Customs and Border Protection (CBP) recognizes that industry, other agencies, and other private entities may have interesting, innovative, and useful ideas that could be implemented to enhance and or improve mission essential operational deterrent capabilities related to the anti-climb/anti-cut features of the border wall and persistent impedance.”

    Who ever would have guessed they would still be able to climb and cut through the wall? Bet there’s a shortage of sawzalls south of the border…

    1. constructiondive.com/news/agency-asks-federal-contractors-for-ideas-to-make-border-wall-less-vulnerab/579635/

  2. For some reason these lower court judges in the 9th circuit court seem to think they can set the law of the land over other circuit courts and even the Supreme Court.
    Oh yeah, forgot.
    They are just your ordinary butt hurt democrats and they don’t leave their prejudice outside the courtroom.

  3. Those assholes at the 9th circut court are full of shit, the supreme court said president trump can use the money, the 9th doesn’t have a case

    1. Just curious, Darryll, what is your understanding of article 1, section 9, clause 7 of the U.S. Constitution? Power of the purse is an executive branch responsibility???

  4. The POS 9th court of appeals (CA BS court of obstruction) has blocked the wall funding. This is nothing new from the Liberals/Democrats. More obstruction to the protection of America. What’s next, abolishing the border patrol? It’s been done before by the same Liberal criminals. MT has been trying to get out from under this Kangaroo court for years. The President will get around it. So sad for the liberals.

    1. Poor whining, complaining, Caucasian N*gger Trash

      piece of shit Upchuck is totally full of shit.

      BbbbbbbbbbbbbbbbbOooooooooooooRrrrrrrrrrrrIiiiiiiiiiiNnnnnnnnnnnnGgggggggggggggggggg.

      1. Poor Crying John.
        You pitiful pile of hate and nothingness.
        Were you stomping your feet and screaming at the sky while you typed your miserable rant, dear?

    2. I am not following your logic. The appeals court upholds the U.S. Constitution article 1, section 9, clause 7 so “abolishing the border patrol” is next….WHEN was abolishing the border patrol “done before”?

        1. Is article 1, section 9, clause 7 of the U.S. Constitution simply a figment of our imaginations? Or were you disputing that we live in “interesting times.” History will disagree on both counts.

      1. “More obstruction to the protection of America.” That’s what has been done before. Every time the president tries to block illegals or terrorists, the Liberal courts try to block it. It has to be overturned by the SCOTUS. Time after time. Try to keep up.

  5. Her we go. The Democratic liberal judges of the 9th Circuit Court which has been overturned so many times by SCOTUS I lost count! And the courts are supposed to be non biased! Bullshit!

  6. Interesting. The court said paying for the wall out of Pentagon funds was not lawful, but they will allow construction to continue and the money to be spent, as long as Trump keeps the matter in litigation. It’s a decision without effect.

    1. The 9th court is used to its meaningless, worthless Liberal decisions being ignored. Nothing to see here. If they complain, the President will take it to the Supreme Court where it will be overturned. Business as usual. Liberal/Democrats try to obstruct, get overturned.

  7. The Caucasian n*gger trash, piece of shit trumpuke

    is getting the shit kicked out of himself on all sides.

    This is SO WONDERFUL for America !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    1. Hee, hee, hee Johnnie twat. Notice there is no effect. Soooooo, the Liberals/Democrats are the ones that lost (“getting the shit kicked out”). Too bad, soooooooo sad. Demotwat Losers, la who za hers, loooooooooosers!!!!!!!!! Xavier Becerra, Sierra Club and Southern Border Communities Coalition, Nancy Pelosi all crying too much. Boo hoo!!!!! I love it, bwahahahahahahahahahahaha!!!!

      1. Chuckie boy….you’re the one that will be crying bwahahahahahahahahahahah!!! come 11/3/20 lol

        1. LOL I would recommend you seek help, but to your condition there simply isn’t any. So we understand your drowning in your stupidity and believe your wish is fact. Joe Biden has as much chance being elected president as I do growing wings and flying. Thanks for the laugh retard.

          1. Just a tip, Tim. Don’t call someone “retard” and “drowning in stupidity” in the same post that you type the possessive of you when you mean you are or you’re.

    2. How would you know what β€œis SO WONDERFUL for America. β€œ.? Must be dark living in the basement. You and old old Joe.

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