Presidential State of Emergency Powers

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neeneko
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Re: Presidential State of Emergency Powers

#26

Post by neeneko » Sat Jan 05, 2019 9:42 am

Lani wrote:
Sat Jan 05, 2019 2:28 am
@AdamSchiff
When you push reckless policies that squander our resources, defy our values, leave 800,000 federal workers unpaid and millions of Americans without needed services, you don’t need to declare a national emergency.

You are the national emergency.
I just got this horrible image of Trump declaring Trump a National Emergency and the only way to deal with the Trump Emergency is to give him what he wants.



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Chilidog
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Re: Presidential State of Emergency Powers

#27

Post by Chilidog » Sat Jan 05, 2019 9:52 am

don’t give him any ideas



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Addie
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Re: Presidential State of Emergency Powers

#28

Post by Addie » Sat Jan 05, 2019 2:20 pm

Reed.senate.gov - Press Release
Reed Opposes Trump Administration’s Plan to Declare National Emergency & Use Defense Dollars to Pay for Wall

WASHINGTON, DC - Today, U.S. Senator Jack Reed (D-RI), Ranking Member of the Armed Services Committee, issued the following statement after President Trump threatened to use emergency powers to try to use U.S. Department of Defense funds and military personnel to build a border wall along the Southwest border:

“The idea that President Trump is considering declaring a phony national emergency as a pretext to take billions of dollars away from our troops and defense priorities in order to pay for his wall should alarm all Americans.

“Declaring a trumped up national emergency in order to skirt Congressional approval is wrong. And our troops and taxpayers should not bear the burden of a broken, preposterous campaign promise.

“Defense spending is for national defense, not the Trump campaign’s political wish list. I will work with colleagues on both sides of the aisle to block any attempt to take money that has been dedicated for our troops and redirect it to construction of a wasteful, ineffective wall.

“President Trump had an all-Republican Congress for the last two years and they didn’t enact his wall. Now, suddenly, he wants the Pentagon to foot the bill. Absolutely not.

“Using 10 U.S.C. 2808 or 284 is not appropriate. 2808 specifies that even if the president declares a national emergency, any military construction project must be “necessary to support such use of the armed forces.” We are not at war with Mexico, and the proposed border wall has no core DOD function. Indeed, the Pentagon’s most recent National Defense Strategy doesn’t mention the southern border as a national defense priority.

“President Trump’s midterm troop deployment stunt will cost DOD and taxpayers an estimated $132 million and counting. That money could have been better spent on actual border security rather than on campaign season border security theater.

“The Pentagon has billions of dollars in infrastructure backlogs, ranging from military construction projects for new missions to deferred maintenance in facilities sustainment, restoration, and modernization. There is no credible argument that a border wall takes priority over any of these. Moreover, if President Trump attempted to use 2808, that would require DOD to cancel MILCON projects that have already been authorized and appropriated by Congress in order to try and redirect the funds to a border wall. So which MILCON projects -- which DOD already deemed its highest priorities -- will the Trump Administration now try to terminate or delay in order to fund the wall? I urge President Trump to share his proposed list with Congress and the American people.

“The President needs to understand that there is bipartisan opposition to misusing defense dollars or treating the Pentagon like a campaign piggy bank.

“Congress must work together to provide our troops with a budget and policies to match their extraordinary courage and sacrifice, and I urge President Trump to do the same.”



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Sugar Magnolia
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Re: Presidential State of Emergency Powers

#29

Post by Sugar Magnolia » Sat Jan 05, 2019 3:15 pm

Wasn't there something in the news recently about some base housing being uninhabitable? It astounds me that they can be talking about using that money to build a wall when we can't even have livable housing for our soldiers on US soil.



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Addie
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Re: Presidential State of Emergency Powers

#30

Post by Addie » Sat Jan 05, 2019 3:21 pm

NBC News
Trump admin lawyers working out details of using national emergency to build wall

Administration lawyers are meeting to discuss whether Trump can declare a national emergency to build a border wall with Defense Department resources.


WASHINGTON — As the government shutdown drags on, lawyers from the White House, the Department of Homeland Security and the Pentagon are meeting to discuss whether President Donald Trump can declare a national emergency to deploy troops and Defense Department resources to build his border wall, according to two sources with knowledge of the discussions.

One of the sources, a senior administration official, said the White House has kept this option on the table for some time, but is now considering it more seriously.

"Depending on the severity of crisis, it’s always been an option. Now that things are getting worse, we are looking at how that could be operationalized and used to confront the crisis," the official said, speaking on the condition of anonymity. ...

Asked if the Department of Defense was open to the idea of using its resources to build the wall, the official simply said the president would use his power as the commander in chief.

The official did not rule out that the Federal Emergency Management Administration, a part of DHS, may also be used as part of a national emergency response.



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Chilidog
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Re: Presidential State of Emergency Powers

#31

Post by Chilidog » Sat Jan 05, 2019 3:55 pm

Sugar Magnolia wrote:
Sat Jan 05, 2019 3:15 pm
Wasn't there something in the news recently about some base housing being uninhabitable? It astounds me that they can be talking about using that money to build a wall when we can't even have livable housing for our soldiers on US soil.
What about Tyndall Air Force Base in Florida?

Is Trump going to take away the funds to rebuild it after Hurricane Michael?



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Volkonski
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Re: Presidential State of Emergency Powers

#32

Post by Volkonski » Sat Jan 05, 2019 7:24 pm

No, Trump Cannot Declare an ‘Emergency’ to Build His Wall
If he did, and used soldiers to build it, they would all be committing a federal crime.


By Bruce Ackerman
Mr. Ackerman is a professor of law at Yale and author of “The Decline and Fall of the American Republic.”

https://www.nytimes.com/2019/01/05/opin ... tw-nytimes
Begin with the basics. From the founding onward, the American constitutional tradition has profoundly opposed the president’s use of the military to enforce domestic law. A key provision, rooted in an 1878 statute and added to the law in 1956, declares that whoever “willfully uses any part of the Army or the Air Force” to execute a law domestically “shall be fined under this title or imprisoned not more than two years” — except when “expressly authorized by the Constitution or Act of Congress.”

Another provision, grounded in a statute from 1807 and added to the law in 1981, requires the secretary of defense to “ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel)” must “not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”

In response to the Hurricane Katrina disaster in New Orleans, Congress created an express exception to the rules, and authorized the military to play a backup role in “major public emergencies.” But in 2008 Congress and President Bush repealed this sweeping exception. Is President Trump aware of this express repudiation of the power which he is threatening to invoke?

The statute books do contain a series of carefully crafted exceptions to the general rule. Most relevantly, Congress has granted the Coast Guard broad powers to enforce the law within the domestic waters of the United States. But there is no similar provision granting the other military services a comparable power to “search, seize and arrest” along the Mexican border. Given Congress’s decision of 2008, this silence speaks louder than words. Similarly, the current military appropriations bill fails to exempt military professionals from criminal punishment for violating the law in their use of available funds.


Image“If everyone fought for their own convictions there would be no war.”
― Leo Tolstoy, War and Peace

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Azastan
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Re: Presidential State of Emergency Powers

#33

Post by Azastan » Sat Jan 05, 2019 8:20 pm

The Coast Guard will be running out of money to pay service members very shortly. I don't think they are the building experts, either.



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