DEMOCRATS ARE SUING TO STOP TRUMP FROM FUNDING BORDER WALL CONSTRUCTION

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By Jason Hopkins

Democratic leaders voted to file a lawsuit against President Donald Trump’s emergency declaration, a move they hope will block the billions in funding he’s accessed for border wall construction.

“The President’s sham emergency declaration and unlawful transfers of funds have undermined our democracy, contravening the vote of the bipartisan Congress, the will of the American people and the letter of the Constitution,” House Speaker Nancy Pelosi said in a Thursday statement following the vote.

The Bipartisan Legal Advisory Group, a five-member board that controls the House of Representatives’ general counsel, voted 3-2 on Thursday to authorize a lawsuit against Trump’s emergency declaration. The lawsuit claims the president violated the Constitution’s Appropriations Clause, which gives lawmakers in Congress the authority to control funding measures.

The vote fell strictly along party lines, with Pelosi, Majority Leader Steny Hoyer and Majority Whip Jim Clyburn voting for it, and Minority Leader Kevin McCarthy and Minority Whip Steve Scalise voting against it.

“The President’s action clearly violates the Appropriations Clause by stealing from appropriated funds, an action that was not authorized by constitutional or statutory authority,” Pelosi continued in her statement. “Congress, as Article I — the first branch, co-equal to the other branches — must reassert its exclusive responsibilities reserved by the text of the Constitution and protect our system of checks and balances.”

This isn’t the first time congressional Democrats have tried to block the emergency declaration, nor is it the first lawsuit.

Both chambers of Congress, with the help of some GOP support, were able to pass a resolution that condemned Trump’s emergency crisis. However, in the first veto of his presidency, he struck it down. Lawmakers were not able to obtain a two-thirds majority in Congress to override the veto.

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Trump’s declaration has also been challenged in court from a multitude of state attorneys general, led by California. A handful of progressive and environmental groups are also trying to fight the proclamation in the courtroom. (RELATED: ‘Disastrous Consequences’: Democrats Blast Trump’s Border Wall Threats)

After accepting the $1.375 billion in funds Congress appropriated for border wall construction in February, Trump declared an emergency, authorizing billions more in funding from the military’s budget. The Pentagon has already authorized the Army Corps of Engineers to shift $1 billion to the border wall.

When he originally made his crisis declaration, Trump predicted it would face a lawsuit that would eventually make its way to the Supreme Court.

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“We will have a national emergency, and then we will then be sued, and they will sue us in the 9th Circuit, even though it shouldn’t be there,” the president said in February. “And we will possibly get a bad ruling, and then we’ll get another bad ruling. And then we’ll end up in the Supreme Court, and hopefully, we’ll get a fair shake.”

Shutdown Averted? Schumer, Corker Strike 11th Hour Deal

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Update2: The Senate has voted to proceed with debate on the House-passed spending bill after Vice President Mike Pence broke a 47-47 tie.

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Outgoing Senator Jeff Flake (R-AZ) – who contributed to the Kavanaugh confirmation spectacle – said  “there is no path forward for the House bill.”
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Update: The House has voted to meet tomorrow at Noon, 12 hours into the potential government shutdown.

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McConnell, meanwhile, said that the Senate voted to proceed “in order to maintain maximum flexibility” to cut a later funding deal. That said, there is no agreement on funding, which CNN’s Manu Raju suggests means there is no chance Trump gets his $5 billion in wall funding.
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Senator Bob Corker (R-TN) said Friday that Senate leaders have an “agreement” in place for a House-passed stopgap measure to avert a government shutdown which includes funding for President Trump’s border wall. 

Emerging from a meeting in Senate Majority Leader Mitch McConnell’s (R-KY) office, Corker said that Senate Democratic Leader Chuck Schumer (D-NY) and McConnell are expected to enter into an agreement on the Senate floor, according to The Hill.

“This is will be an agreement between McConnell and Schumer about what next happens on the Senate floor. You’ll see them to enter into a little discussion,” said Corker. “It charts the course forward that gives us the best chance of actually coming to a solution.”

Corker suggested that a government shutdown may be averted – citing meetings with White House officials.

“Some of the folks at the White House seem to be optimistic,” he said, adding that President Trump “is very aware of what’s happening.”

The potential breakthrough comes after Schumer met with Vice President Pence, incoming White House chief of staff Mick Mulvaney and White House advisor Jared Kushner on Friday afternoon. 

The negotiations later moved over to the House, with Pence, Mulvaney and Kushner huddling in Speaker Paul Ryan’s ceremonial office with Majority Whip Steve Scalise (R-La.), Freedom Caucus leaders Mark Meadows (R-N.C.) and Jim Jordan (R-Ohio) and Republican Study Committee Chairman Mark Walker (R-N.C.).

Corker warned that the danger of a partial government shutdown is not completely gone. –The Hill

“It’s just how we’re going to proceed in a manner that we think is best,” said Corker. “The first discussion is not substance, it’s process.”

Meanwhile, looks like Trump may go medieval on illegal border crossers…

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Rep. Steve Scalise Confirms House GOP Will Now Add $5 Billion in Funding For Border Security

 

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House Majority Whip Steve Scalise (R-LA) confirmed Thursday that the House will add $5 billion in funding for border security plus additional money for disaster relief to the current interim bill after President Trump refused to sign the bill that came from the Senate last night.

Ryan Nobles: Steve Scalise confirms House GOP will add $5b in funding for border security + money for disaster relief to current CR. When he was told there is likely not enough votes for that to pass he said: “that’s a negative attitude.”

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Congressman Scalise says GOP leaders are talking to a lot of members to whip the votes.

PERGRAM: Scalise on government funding & if they have the votes for the new plan: “We’re talking to a lot of members now.”

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Earlier Thursday, Rep. Mark Meadows, VP Mike Pence, Rep. Mo Brooks, Rep. Paul Ryan were all seen entering the White House for a meeting.

Paul Ryan emerged from the meeting and said President Trump will not sign the interim spending bill that came from the Senate last night.

President Trump now put a tremendous amount of pressure on the House to provide border wall funding in the bill or it’s lights out in less than 48 hours.

If the House approves of the bill with the new changes to include border wall funding, it goes back to the Senate to get approved.

The State Department has already been directed to prepare for a shutdown, reports FOX News.

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