Monday, January 7, 2019

No, Dotard Can't Declare A 'National Emergency' To Build His Wall

Drumpf may well have handed the Dems the biggest impeachable crime yet, by going on record to say he'd violate the Constitution's checks and balances.

Janice and I watched dumbfounded this morning as one media source after the other merely parroted Trump's claptrap that he can declare a "national emergency" to go around congress and build his idiotic wall..  As Ret. Gen. Barry McCaffrey put it after this hogswill first emerged, "There is no way this president or any other can invoke national emergency powers just to build a wall. No he cannot!

To set the stage here, before leaving for Camp David for his regular ECT treatment, Drumpf told reporters that he was considering using emergency powers to build a wall on the southern border, the funding for which Congress has refused to provide.

Subsequently, Rep. Adam Schiff, the incoming chairman of the House intelligence committee, told CNN’s Jake Tapper that not only is that rhetoric “really threatening,” but suggested that the president can’t even do that. Let's make it more definitive: Trump absolutely CANNOT do that, as it is a violation of the Constitution's separation of powers, and his own oath of office to protect and defend that Constitution. As Schiff put it to Tapper:

“If Harry Truman couldn’t nationalize the steel industry during wartime, this president doesn’t have the power to declare an emergency and build a multibillion-dollar wall on the border. So that’s a nonstarter.” 

To fix ideas, Truman had cited a national emergency during the Korean War to take control of the steel industry in 1952, but the U.S. Supreme Court struck down his executive order. They saw correctly there was no proximate connection between steel production and a North Korean instigated emergency that necessitated control of the steel industry by the government. And as I had cited from a Wikipedia article, referring to executive orders:

"There is no constitutional provision nor statute that explicitly permits executive orders. The term executive power in Article II, Section 1, Clause 1 of the Constitution refers to the office of President as the executive. They are instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5 or face impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties, the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being removal from office"

In the Truman case, his misplaced effort at declaring a national emergency was struck down because there was no constitutional basis or reasoning for it, just as there is none for Trump's. As Gen. McCaffrey noted, there is no "emergency" on the southern border other than the fiction Trump has created in his own febrile brain, which he also tried to incite before the midterms - to no avail.

Once everyone grasps and acknowledges that Trump is a weasel, con man and human maggot refuse, it all falls into place. There is no mystery, and it is best to tune out his bloviations especially if spouted in the FOX echo chamber.. I also foursquare disagree with Harvard Law School professor Mark Tushnet who told NBC that Trump may actually be able to get his wall by turning to certain unused Defense Department funds that Congress doles out yearly with no specific intention. No, he cannot, as Gen. McCaffrey made explicitly clear, "those Defense Department funds can't be touched unless there is a genuine national emergency" Say like an attack by North Korea or China.

So let all this baloney about declaring a national emergency go through one ear and out the other. It is just Trump yapping through his degenerate, traitor ass again! Want a true fact? Here's what every sentient citizen knows with the start of the 3rd week of the government shutdown: Ann Coulter, Rush Limbaugh and Fox and Friends are running this country. Trump is merely their little bitch boy, taking marching orders from them.

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