Category Archives: US Constitution

Chao and McConnell Ties to China Says NYT – June 04 2019

NYT Confirms Schweizer ‘Secret Empires’ Bombshell on Elaine Chao and Mitch McConnell’s China Ties

|| Breitbart

 

“Trump Transportation Secretary Elaine Chao “repeatedly used her connections and celebrity status in China to boost the profile of [her family’s shipping] company, which benefits handsomely from the expansive industrial policies in Beijing that are at the heart of diplomatic tensions with the United States,” according to a New York Times exposé on Monday that builds off research from Peter Schweizer’s bestselling book Secret Empires.

Chao, who is also the wife of Senate Majority Leader Mitch McConnell (R-KY), has been the subject of intense criticism over the years due to the deep financial ties between her family’s shipping business and China’s communist regime.

The nearly 6,000-word Times article begins by recounting an urgent email sent to the State Department in 2017 by an official at the American embassy in Beijing. The subject line read “Secretary Chao – Ethics Question.” According to the Times, the email concerned “a series of unorthodox requests” Chao’s office made in the run-up to her first official trip to China as Trump’s transportation secretary. Her requests included “asking federal officials to help coordinate travel arrangements for at least one family member and include relatives in meetings with government officials.”

….read more at: Breitbart

 

AMAZON OFFERED JOB TO PENTAGON OFFICIAL INVOLVED WITH $10 BILLION CONTRACT IT SOUGHT

|| Intercept

IN A FEDERAL lawsuit, the tech giant Oracle has provided new details to support its accusation that Amazon secretly negotiated a job offer with a then-Department of Defense official who helped shape the procurement process for a massive federal contract for which Amazon was a key bidder.

Amazon Web Services and Microsoft are now the two finalists to win the highly contested $10 billion contract for what is known as the Joint Enterprise Defense Infrastructure, or JEDI. The deal, one of the largest federal contracts in U.S. history, would pay one company to provide cloud computing services in support of Defense Department operations around the world.

But the contract has been hotly contested since the department began soliciting proposals last year. Two of Amazon’s competitors, IBM and Oracle, filed complaints with the Government Accountability Office saying that the winner-take-all process unfairly favored Amazon, which is seen as an industry leader in cloud computing. When its claim was rejected, Oracle sued the government in the U.S. Court of Federal Claims.

Since the court battle began in 2018, Oracle has aggressively lodged conflict-of-interest accusations involving a former DOD official named Deap Ubhi, who left the department in 2017 to take a job at Amazon. In a court motion filed on Friday, Oracle alleged that while Ubhi worked on the preliminary research for the JEDI program in the late summer and fall of 2017, he was also engaged in a secret job negotiation with Amazon for months, complete with salary discussions, offers of signing bonuses, and lucrative stock options.

The motion further alleges that Ubhi did not recuse himself from the JEDI program until weeks after verbally accepting a job offer from Amazon and that he continued to receive information about Amazon’s competitors and participate in meetings about technical requirements, despite a government regulation that forbids such conflicts of interest.

“Neither Ubhi nor [Amazon Web Services] disclosed the employment discussions or job offer to DOD — not when the employment discussions started, not when the informal job offer occurred, not when the formal offer occurred, and not even when Ubhi accepted the offer,” Oracle’s motion reads.

As America’s technology companies have continued to outpace the Pentagon, the Defense Department has looked to recruit talent from Silicon Valley to help enhance its information technology.

Ubhi is a venture capitalist and technology entrepreneur who worked for Amazon before his time in government. He took a job working on a Defense Department initiative aimed at collaborating with Silicon Valley to modernize the Pentagon’s information technology systems. After working as part of a four-person team to help shape the Pentagon JEDI procurement process, he left the department and returned to Amazon in November 2017.”

….read more at: The Intercept

 

Even Cher Starts to Get It | April 25 2019

Cher Doubles Down: ‘Excuse the Fk Out of Me If I Don’t Want, Murders, Rapists, & Child Molestors to Vote’

|| Breitbart

 

“Pop star Cher defended herself from attacks on social media Tuesday in a series of now-deleted tweets after she was criticized for questioning Sen. Bernie Sanders’ (I-VT) plan to let felons and terrorists vote.

“TERRORIST KILLED INNOCENT PPL. IM SICK OF BEING NAILED 2 CROSS BECAUSE U PPL THINK IM A RACIST‼️IM NOT GOING TO DEFEND MYSELF‼️I CARE 4 ALL PPL,TRY TO HELP ALL PPL,” Cher said. “Excuse The Fk Out Of Me If I don’t want ,Murders, Rapists, &; CHILD MOLESTERS of every color to vote.”

This post comes in response to a social media user who criticized Cher for panning the idea of letting felons vote.

Cher’s original tweet, and her two responses were all later deleted.

During Bernie Sanders’ town hall Monday, he reiterated his belief that felons need to be able to vote, even terrorists.

“[I] think the right to vote is inherent to our democracy…Yes, even for terrible people because once you start chipping away — you say, ‘That guy committed a terrible crime, we’re not going to let him vote,’ or ‘that person did that,’ you’re running down a slippery slope,” he said.”

….read more at: Breitbart

 

CHER REVERSES COURSE ON MASS IMMIGRATION — ‘IF MY STATE CAN’T TAKE CARE OF ITS OWN, HOW CAN IT TAKE CARE OF MORE?’

|| DailyCaller Apr 2019

 

 

“Pop singer Cher seemed to do an about-face on the immigration issue, questioning why a city and state that “isn’t taking care of its own” should bring in and “take care of more.”

“I Understand Helping struggling Immigrants, but MY CITY (Los Angeles) ISNT TAKING CARE OF ITS OWN,” Cher said in a Sunday tweet. “WHAT ABOUT THE 50,000+????????Citizens WHO LIVE ON THE STREETS. PPL WHO LIVE BELOW POVERTY LINE,& HUNGRY? If My State Can’t Take Care of Its Own(Many Are VETS) How Can it Take Care Of More?”

The liberal pop singer’s tweet comes after President Trump proposed releasing incoming migrants from custody and into sanctuary cities. The proposed move ironically drew the ire of many liberals, who were quick to push back against the idea.

Cher’s course reversal drew the attention of many on Twitter who noted the irony:

“I’ll never forget where I was and what I was doing the moment Cher became a Republican,” tweeted Michael Knowles.”

….read me more at: Daily Caller

 

 

Muller’s Report puts Obama at the Center of Coup Attempt | April 19 2019

REPORT: Why Mueller’s report looks so bad for Obama…

|| dcWhispers

“And this comes from CNN! What is happening right now is that the vast majority of the Establishment Media is spinning x1000 to deflect from a multitude of facts which exonerate President Trump while also pointing out some very serious legal implications for those who perpetrated the Trump Russia hoax—including one Barack Hussein Obama. The media will continue its attempted “obstruction” drumbeat, hoping that the vast majority of Americans won’t actually take the time to read the Mueller report (and they are likely right about that) so that they can continue to push a lie – BUT they also know they’ll have to report on the actual facts just in case the truth does suddenly go mainstream.

Via CNN:

(CNN) — The partisan warfare over the Mueller report will rage, but one thing cannot be denied: Former President Barack Obama looks just plain bad. On his watch, the Russians meddled in our democracy while his administration did nothing about it.

The Mueller report flatly states that Russia began interfering in American democracy in 2014. Over the next couple of years, the effort blossomed into a robust attempt to interfere in our 2016 presidential election. The Obama administration knew this was going on and yet did nothing. In 2016, Obama’s National Security Adviser Susan Rice told her staff to “stand down” and “knock it off” as they drew up plans to “strike back” against the Russians, according to an account from Michael Isikoff and David Corn in their book “Russian Roulette: The Inside Story of Putin’s War on America and the Election of Donald Trump”.

Why did Obama go soft on Russia? My opinion is that it was because he was singularly focused on the nuclear deal with Iran. Obama wanted Putin in the deal, and to stand up to him on election interference would have, in Obama’s estimation, upset that negotiation. This turned out to be a disastrous policy decision.

But don’t just take my word for it that Obama failed. Congressman Adam Schiff, who disgraced himself in this process by claiming collusion when Mueller found that none exists, once said that “the Obama administration should have done a lot more.” The Washington Post reported that a senior Obama administration official said they “sort of choked” in failing to stop the Russian government’s brazen activities. And Obama’s ambassador to Russia, Michael McFaul, said, “The punishment did not fit the crime” about the weak sanctions rolled out after the 2016 election.
A legitimate question Republicans are asking is whether the potential “collusion” narrative was invented to cover up the Obama administration’s failures. Two years have been spent fomenting the idea that Russia only interfered because it had a willing, colluding partner: Trump. Now that Mueller has popped that balloon, we must ask why this collusion narrative was invented in the first place.

Given Obama’s record on Russia, one operating theory is that his people needed a smokescreen to obscure just how wrong they were. They’ve blamed Trump. They’ve even blamed Mitch McConnell, in some twisted attempt to deflect blame to another branch of government. Joe Biden once claimed McConnell refused to sign a letter condemning the Russians during the 2016 election. But McConnell’s office counters that the White House asked him to sign a letter urging state electors to accept federal help in securing local elections — and he did. You can read it here.
I guess if I had failed to stop Russia from marching into Crimea, making a mess in Syria, and hacking our democracy I’d be looking to blame someone else, too.

But the Mueller report makes it clear that the Russian interference failure was Obama’s alone. He was the commander-in-chief when all of this happened. In 2010, he and Eric Holder, his Attorney General, declined to prosecute Julian Assange, who then went on to help Russia hack the Democratic National Committee’s emails in 2016. He arguably chose to prioritize his relationship with Putin vis-à-vis Iran over pushing back against Russian election interference that had been going on for at least two years.

If you consider Russian election interference a crisis for our democracy, then you cannot read the Mueller report, adding it to the available public evidence, and conclude anything other than Barack Obama spectacularly failed America. Subsequent investigations of this matter should explore how and why Obama’s White House failed, and whether they invented the collusion narrative to cover up those failures.

———————-

The above is CNN doing a half-hearted attempt at real journalism but the fact they are even doing that much shows just how strong a condemnation the Mueller report is against the Obama White House. President Obama’s refusal to act against Russia makes no sense unless you consider he knew the entire thing was a ruse meant to attack then-candidate Donald Trump, and later, President Trump. A sitting/outgoing president weaponized U.S. intelligence agencies, colluded with the media and foreign nations, to influence an American election in order to place his chosen successor (Hillary Clinton) into power.

That alone is enough to land Barack Obama in jail. That’s not hyperbole. It’s not a partisan comment.

THAT IS FACT AND ALL AMERICANS SHOULD BE OUTRAGED.”

Read more at dcWhispers

Obama’s ‘Spygate’ Busts Wide Open in Congress | April 10 2019

Barr: “I think spying is a big deal….”

|| Youtube – 2019

AG Barr: “I think spying did occur…..”

 

“Attorney General William Barr told a Senate panel Wednesday that “spying did occur” during the 2016 presidential campaign as he testified about the Mueller report and the origin of the Russia probe.

Barr’s disclosure came as he was being questioned by Sen. Jeanne Shaheen, D-N.H., about his plans to investigate how the probe began into Russian meddling in the campaign.

“I think spying on a political campaign is a big deal,” Barr told the Senate appropriations subcommittee, noting that he grew up in a Vietnam War generation that included a lot of concern about the government spying on anti-war activists.

When he stated he didn’t think rules were necessarily violated during the campaign, Shaheen then said: “So you’re not suggesting, though, that spying occurred?”

“Well … I think spying did occur,” Barr responded. “Yes, I think spying did occur. The question is whether it was … adequately predicated. And I’m not suggesting it wasn’t adequately predicated.”

Sen. Brian Schatz, D-Hawaii, later asked Barr whether he wanted to use different language than the word “spying.”

“I think the word ‘spying’ could cause everybody in the cable news ecosystem to freak out,” Schatz said.

Barr clarified his comments later in the hearing, referring to possible “improper surveillance.”

“I am not saying that improper surveillance occurred,” Barr said. “I’m saying that I’m concerned about it and looking into it, that’s all.”

….see more at: WTOP.com

President Signs Executive Order Protecting Free Speech on College Campuses | Mar 21 2019

Trump Signs Executive Order to Protect Free Speech on College Campuses

|| PJ Media

“On Thursday, President Donald Trump signed an executive order to protect free speech on college campuses.

“In America, the very heart of the university’s mission is preparing students for life as citizens in a free society, but even as universities have received billions and billions of dollars from taxpayers, many have become increasingly hostile to free speech and to the First Amendment,” the president said.

He mentioned the case of Hayden Williams, a field representative for the Leadership Institute who got punched in the face in Berkeley, Calif.

“You see people being punched hard in the face, but he didn’t go down,” Trump said of Williams. “I said you have a better chin than Muhammad Ali.”

Trump took Williams on stage at the Conservative Political Action Conference (CPAC) earlier this month.

Turning to the broader problem, Trump said, “Under the guise of speech codes and safe spaces and trigger warnings, these universities have tried to restrict free thought, impose total conformity, and shut down the voices of young Americans like those here today.”

More:

Mario Savio and the Free Speech Movement of 1964 at UC Berkeley –

From Wikepedia:

“With the participation of thousands of students, the Free Speech Movement was the first mass act of civil disobedience on an American college campus in the 1960s.[4] Students insisted that the university administration lift the ban of on-campus political activities and acknowledge the students’ right to free speech and academic freedom. The Free Speech Movement was influenced by the New Left,[5] and was also related to the Civil Rights Movementand the Anti-Vietnam War Movement.”

Prof Jonathan Turley on Why Trump Will Win the Wall Fright | Feb 19 2019

Why Trump Will Win The Wall Fight

|| JonathanTurley.org

Turley testifying before Congress in 2015

 

“Below is my column in The Hill newspaper on the litigation against the declaration of a national emergency by President Donald Trump in order to build his long-promised wall. Some members of Congress has said that they expect the House of Representatives to sue while private litigants have already filed challenges. Regardless of the litigants (and there are likely to be a mix of parties), they face similar barriers in convincing a federal judge to rescinded a declaration that Congress has not rescinded.

This is a straight statutory interpretation case, not the “constitutional crisis” widely described by critics. There are possible claims against the funding conditions, but Congress gave the President not just the unfettered authority to declare such emergencies but the largely unconditioned appropriations that he may use to build the wall.

Here is the column:

Justice Oliver Wendell Holmes once said, “If my fellow citizens want to go to hell, I will help them. It is my job.” He was expressing the limited role of courts in challenges to federal law. It is not the task of judges to sit as a super legislature to question the agendas of the political branches. They will gladly send Congress to hell. It only needs to point to the destination.

In the matter of the border wall, Congress could not have been more clear where it was heading. It put itself on the path to institutional irrelevancy, and it has finally arrived. I do not agree there is a national emergency on the southern border, but I do believe President Trump will prevail. This crisis is not the making of Donald Trump. This is the making of Congress.

For decades, Congress frittered away control over its authority, including the power of the purse. I have testified before Congress, warning about the expansion of executive power and the failure of Congress to guard its own authority. The two primary objections have been Congress giving presidents largely unchecked authority and undedicated money. The wall funding controversy today is a grotesque result of both of these failures.

Start with the National Emergencies Act of 1976. Presidents have long declared emergencies based on their inherent executive authority. The use of that authority produced some conflicts with Congress, the most famous seen in the case of Youngstown Sheet & Tube Company versus Charles Sawyer, in which the Supreme Court declared that the federal seizure of steel mills during the Korean War was unconstitutional because Congress had never granted President Truman that authority.

However, Congress later gave presidents sweeping authority under the National Emergencies Act of 1976. While this law allows for a legislative override by Congress, the authority to declare national emergencies is basically unfettered. It is one of many such laws where Congress created the thin veneer of a process for presidential power that, in reality, was a virtual blank slate. At the same time, Congress has continued to give the executive branch billions of dollars with few conditions or limitations.

This is why President Obama was able to go to war in Libya without a declaration and fund the entire war with billions of undedicated funds. Neither House Speaker Nancy Pelosi nor most of the current Democratic leadership made a peep of objection at this. But when it comes to the wall, Democrats have indicated they will rely on the ruling in House of Representatives versus Sylvia Burwell, in which the court declared the House of Representatives had standing to sue over executive overreach and that Obama violated the Constitution in ordering the payment of billions to insurance companies without authorization from Congress.

I was lead counsel for the House of Representatives in that case. Ironically, Pelosi vehemently opposed the litigation as a frivolous and unfounded challenge to presidential authority. We won the case. Superficially, it may look like the wall controversy. Obama sought funds from Congress and, when unsuccessful, acted unilaterally. But Obama ordered the money directly from the Treasury as a permanent appropriation, like the money used to pay tax refunds. Congress had never approved such payments.

Conversely, Trump is using appropriated funds. Like the authority under the National Emergencies Act, Congress gave this money to the executive branch without meaningful limitations. Trump now has almost $1.4 billion in newly approved funds to use for border protection. He has identified about $8 billion in loosely dedicated funds for military construction, drug interdiction, and forfeitures. Even if a court disagreed with the use of this money, Trump has the power and funds to start construction of the wall.

Congress has yielded more and more power to the executive branch over decades. In many areas, it has reduced the legislative branch to a mere pedestrian in government, leaving real governing decisions to a kind of “fourth branch” of federal agencies. For their part, presidents have thus become more and more bold in circumventing Congress. When Obama gave a State of the Union proclaiming his intention to bypass Congress after it failed to pass immigration reform, Democrats applauded loudly.

Many of them, like Pelosi, denounce this unilateral action by Trump yet ecstatically supported the unilateral actions by Obama, including his funding of some critical parts of the Affordable Care Act after Congress denied any funds. Democrats insist Trump can be challenged on his use of emergency authority since they do not believe an emergency exists on the southern border. They will fail spectacularly if the case gets to the Supreme Court. While the source of funding can be challenged, there is no compelling basis to challenge the national emergency declaration.

The reason? Congress has never been particularly concerned over past declared emergencies, which have continued with perfunctory annual renewals. Most such emergencies are entirely unknown to the vast majority of Americans. Indeed, the first proclamation of a national emergency occurred under President Wilson in 1917, “arising from the insufficiency of maritime tonnage to carry the products of the farms, forests, mines, and manufacturing industries of the United States.”

Remember that national emergency over the “anchorage and movement of vessels” with respect to Cuba? How about the national emergency over uncut diamonds from Sierra Leone? Then there were the declarations over property owned by certain figures in Zimbabwe, the presidential election in Congo, and issues concerning Yemen, Burundi, Myanmar, Lebanon, Somalia, and South Sudan. All of these were “national emergencies.”

Curiously, Pelosi has called for the declaration of a national emergency to deal with the “epidemic of gun violence in America.” She also said that she wished Trump would add that declaration but that a “Democratic president can do that.” Yes, a Democratic president certainly could, and that is the key point here. Congress gave all presidents the power to make such declarations, and Pelosi is now making the case for Trump today.

While Democrats insist this emergency declaration is simply an effort to use executive power to get what Congress would not give Trump, any litigation would be an effort to use judicial power to do much the same thing. The House of Representatives would try to convince a federal judge of the merits against a wall, after failing to convince enough members of Congress to override the emergency declaration and a presidential veto.

That brings us back to Holmes. Congress has the authority to rescind the national emergency declaration of Trump with a vote of both chambers. The legislative branch should do so. If Congress cannot muster the votes, however, a federal judge is unlikely to do so. Simply put, the courts were not created to protect Congress from itself. Congress has been heading to hell for decades, and it is a bit late to complain about the destination.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. 

 

The Law and Politics of a ‘National Emergency’ | Feb 15 2019

Obama Declared 13 National Emergencies — 11 Are Still Active

|| BigLeaguePolitics

“There are a lot of national emergencies going on. In fact, there are 31 active national emergencies declared under the National Emergencies Act.

Bill Clinton used this authority 17 times. President Trump has only used it three times so far.

Sorry Democrats, this “national emergency” business is not quite the work of “dictators.”

Conservative Tribune reports: “Of Obama’s 11 continuing national emergencies, nine of them were focused exclusively on foreign nations, while only one seemed focused on protecting America — a declaration aimed at punishing individuals “engaging in significant malicious cyber-enabled activities.”

All of the rest of Obama’s national emergencies were focused on blocking property or prohibiting transactions/travel for individuals engaged in various activities in — by order of the date of enactment — Somalia, Libya, transnational criminal organizations, Yemen, Ukraine, South Sudan, Central African Republic, Venezuela and Burundi.

The American people stand with President Trump following his amazing Oval Office address explaining the human cost of illegal immigration.

If President Donald Trump uses the U.S. military to build the border wall along the United States’ international with Mexico by declaring a national emergency, won’t liberals simply run to a Federal judge whom they believe to be left-wing within the Ninth Circuit and block Trump? Can Congress vote to overturn Trump’s declaration of an emergency?

No. If the federal courts actually follow the law, President Trump cannot be prevented from “reprogramming” funds appropriated for the U.S. Department of Defense and actually using the military (such as the U.S. Army Corps of Engineers) to build the border wall.

As noted in the first installment on this topic, Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and  50 U.S.C. 1622.  A declaration of an emergency allows the President to reprogram funds in the military budget.  See 33 U.S. Code § 2293 “Reprogramming during national emergencies.”

Trump could reprogram funds from other parts of the Department of Defense budget — including from other DoD construction projects such as on bases, military housing, etc. — and engage in construction in areas of need for the national defense.  The statute says that explicitly (although statutes are never easy reading).

But Democrats are threatening and commentators are warning that such an action would be challenged in court and in Congress immediately.  Can such a plan be blocked?

First, 50 U.S.C. §1622 allows the Congress to over-turn a president’s declaration of an emergency.  If both the Senate and the House each pass s resolution terminating the President’s declaration of an emergency, than the emergency status terminates under 50 U.S.C. §1622.  But clearly the Republican-controlled U.S. Senate would not join the Democrat-controlled U.S. House of Representatives.  Unless a significant number of Republican Senators vote against a border wall built by the U.S. Army Corps of Engineers or contractors with military funds, Congress could not block Trump’s efforts.

(Note, although I argue in the next section that this power has been invalidated by the U.S. Supreme Court, if a court disagrees on that, a legislative veto power should block a lawsuit.  Where Congress has provided a specific method for challenging a declaration of an emergency, the federal courts would normally hold that that method becomes the exclusive remedy.  A lawsuit would be blocked by the fact that Congress provided a non-litigation remedy.)

Second, however, the Congressional veto process described above has been ruled unconstitutional by the U.S. Supreme Court, in INS v. Chadha, 462 U.S. 919 (1983), finding a legislative veto of Executive Branch action unconstitutional.  Congress passed many laws which specifically enabled Congress to veto regulations or actions under that law.  The U.S. Supreme Court found a legislative veto violates the structure or architecture of the Constitutional system.

Laws go to the President for signature or veto.  Congress cannot reach over and pull a law back.  Congress must pass a new law and present it to the President for signature if dissatisfied with how the law is working out.  The U.S. Supreme Court had no hesitation finding that the Congress had over-reached, based only on the implied architecture of the Constitution.

In Chadha50 U.S.C. 1622 was one of the laws explicitly discussed.  The dissenting opinion specifically warned that the Chadha decision invalidated Congress’s ability to overturn a presidential declaration of a national emergency.

Therefore, Congress cannot overturn a declaration by President Trump that the open border is a national emergency.  Even if the U.S. Senate were to side with the Democrats, Chadha explicitly ruled the Congressional veto (termination) of a presidential declaration to be an unconstitutional distortion of the familiar “Schoolhouse Rock” means by which laws are passed and signed by presidents.  Once a law is signed, there is no “claw back” right by Congress.

Third, of course, critics are discussing whether Trump’s actions would be constitutional.  Here, however, Congress passed a specific statute, in fact a series of statutes.  So there is no question about the President’s power to do what the Congressional statute has explicitly empowered him to do.

Some even point to a rather famous Constitutional landmark case — Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) — in which the U.S. Supreme Court explicitly ruled that President Dwight D. Eisenhower did not have the power to temporarily nationalize the U.S. steel industry to avert a strike for national defense.  However, Youngstown was not that simple.  Youngstown analyzed the inherent powers of Commander in Chief as modified by Congressional agreement by statute.

The U.S. Supreme Court explicitly analyzed that the President’s powers are at their greatest (zenith) when he acts not only by his inherent powers as President but also by the agreement of a statute passed by Congress.  In Youngstown, Eisenhower did not have any statute supporting his action and the Court reasoned that he was actually acting in conflict with relevant statutes.

Here, the Congress has already enacted and President George W. Bush signed into law, the Secure Fence Act of 2006.  It is already the law of the land that a border wall shall be built along the United States’ Southern border.  Neither Congress nor any private plaintiff can challenge the official determination that a border wall or barrier shallbuilt.  That is the law.  That is the official determination of both the U.S. Congress and the Commander in Chief.

The Secure Fence Act of 2006 was never implemented (other than a few miles) because Congress did not appropriate the funds to pay for it.  There are two steps:  Authorization and Appropriation of funds.  The decision to build a border wall is final.  The only question is applying funds to make it happen.

Building of a border wall under the 2006 Act was also not completed because the Swamp and Deep State sabotaged it.  Using classic bureaucratic games, the bureaucracy and open borders legislators followed “designed to fail” steps that ground the construction to a halt.

Note that in spite of the word “fence” in the title, the law does not actually mandate a “fence” in particular.  The wording of the Act is not about a “fence” but about any kind of barrier customized to the particular terrain in each location to the extent necessary to “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.”   That is “all.”  As in “all.”

So the Secure Fence Act of 2006 requires building “whatever it takes” — not a “fence” per se.  The Act does require specific enhanced barriers and lights, cameras, and sensors, in some named locations.

Fourth, could liberals run to the courts to block Trump from using the military to build a border wall?  No.  Only those with “standing” can bring a lawsuit.  How is anyone harmed?

The federal courts have been waging Jihad against citizens bringing lawsuits for decades.  The federal courts have been raising the bar higher and higher to make it nearly impossible for anyone to challenge the actions of government agencies or public officials.  Specifically a complaint that is shared generally by much of the population cannot establish standing.

Contrary to strongly-held popular belief, the U.S. Supreme Court has clearly ruled that taxpayers do not have standing to challenge government spending, revenue, or action merely because they are taxpayers.  See, Daimlerchrysler Corp. v. Cuno, 126 S.Ct. 1854, 164 L.Ed.2d 589, 547 U.S. 332 (2006).  So the Left cannot block Trump’s plans by suing as taxpayers.  (The only exceptions involve use of funds to establish a religion or local government taxpayers.)

Similarly, Members of Congress do not have standing either.  Certainly individual Members of Congress do not.  See Raines v. Byrd, 521 U.S. 811 (1997).

To bring a lawsuit, one must show that they are tangibly harmed, personally, not just in disagreement with a policy.  If Trump uses some of the $700 billion in the omnibus bill to build a border wall, everyone will be more safe.  How is anyone harmed?”

….read more @ BigLeaguePolitics

 

Fact Sheet: The Secure Fence Act of 2006 – The White House Archives

 

The Secure Fence Act Builds On Progress Securing The Border

By Making Wise Use Of Physical Barriers And Deploying 21st Century Technology, We Can Help Our Border Patrol Agents Do Their Job And Make Our Border More Secure. The Secure Fence Act:
  • Authorizes the construction of hundreds of miles of additional fencing along our Southern border;
  • Authorizes more vehicle barriers, checkpoints, and lighting to help prevent people from entering our country illegally;
  • Authorizes the Department of Homeland Security to increase the use of advanced technology like cameras, satellites, and unmanned aerial vehicles to reinforce our infrastructure at the border.”

….read more @ George Bush White House Archives