Judge temporarily blocks Trump border wall construction plans
Published 6 mins ago
Judge temporarily blocks Trump border wall construction plans
By Louis Casiano | Fox News
A federal judge on Friday temporarily blocked the Trump administration plan from spending billions to construct a wall on the U.S.-Mexico border with Defense Department funds.
U.S. District Court Judge Haywood Gilliam’s ruling applies to wall construction in specific areas in El Paso, Texas and Yuma, Arizona. Trump declared a national emergency in February to redirect funding from the Department of Defense to begin construction of his long-promised border wall.
“In short, the position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds “without Congress” does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” wrote Gilliam, who was appointed to the bench by former President Barack Obama.
The move was a workaround Congress, which had not given in to his demands to fund the barrier. The wall has been Trump's signature promise. Gilliam's ruling doesn't prevent the Trump administration from using other sources to fund the wall.
He said Trump's plan to divert Pentagon funds for border-wall construction was unconstitutional because the argument White House relied on applied to unforeseen needs, Politico reported.
“Defendants’ argument that the need for the requested border barrier construction funding was ‘unforeseen’ cannot logically be squared with the Administration’s multiple requests for funding for exactly that purpose dating back to at least early 2018,” the Obama nominee wrote.
The Justice Department did not immediately respond to a Fox News request for comment.
Trump declared the national emergency after a stand-off between him and Democrats over border wall funding resulted in the 35-day partial government shutdown.
Around 20 states, environmental groups and civil liberties groups sued the administration to halt plans for the wall.
“This order is a win for our system of checks and balances, the rule of law, and border communities,” Dror Ladin, an attorney for the American Civil Liberties Union's National Security Project, said in a statement. “The court blocked all the wall projects currently slated for immediate construction. If the administration begins illegally diverting additional military funds, we'll be back in court to block that as well.”
The ACLU filed a motion on behalf of the Sierra Club and the Southern Border Communities Coalition to block wall construction.
This is a developing story. Check back with Fox News for updates.
https://www.foxnews.com/politics/jud...truction-plans
Federal judge's ruling to halt wall points to a judicial system out of control and in
Federal judge's ruling to halt wall points to a judicial system out of control and in need of curbs
May 25, 2019
By Monica Showalter
An Obama-appointed federal judge has done it again: Ruled in favor of unelected left-wing activists to block much of President Trump's border wall. According to The Hill:
A federal judge issued a preliminary injunction on Friday, partially blocking President Trump's plan to fund a border wall with Mexico using money from the Defense Department.
California U.S. District Court Judge Haywood Gilliam, who was appointed by former President Obama, issued the order, which does not fully halt construction but would limit additional border fencing to specific areas. It would also block the transfer of about $1 billion in Pentagon funds from various projects to pay for the construction of a wall.
Pay no attention to that migrant surge at the border or the will of 63 million Americans who voted to elect Trump to stop them.
The judge made the ruling under this reasoning instead:
Gillam argued "irreparable harm" would result if the administration were allowed to proceed while the case is pending.
"Because the Court has found that Plaintiffs are likely to show that Defendants’ actions exceeded their statutory authority, and that irreparable harm will result from those actions, a preliminary injunction must issue pending a resolution of the merits of the case," he said in court.
Gillam cited the separation of powers between the legislative and executive branches outlined in the Constitution, particularly Congress's power of the purse, in making that determination.
“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” he wrote.
Irreparable harm because there's a border wall to keep criminals and welfare-seekers out? The criminals and foreign moochers have interests well above those of American voters and denying them so much as a day inside the United States to break one law after another and avail themselves of Americans' earnings does them "irreparable harm"?
What garbage. What's more, there's nothing here about shifting funding around that hasn't been established as 'precedent' - something lefties love to extol - given that President Obama shifted funds around from federal bureaucracies to keep Obamacare afloat after a Republican Congress denied him the funding he wanted. Obama also ruled by executive order - as in the case of DACA - and even President Trump's efforts to rescind those flimsy executive orders have been blocked by the activist-judicial industrial complex. See, it's only O.K. if Democrats do it, that's the real message we are seeing from this politicized judge.
It joins a collection of federal overturnings of President Trump's efforts to keep the country safe and secure at its southern border and beyond. A recent news item from the New York Times reported that Attorney General William Barr complained that federal judges had blocked Trump on executive orders and attempts to govern 37 times in the past year, more than all the nationwide injunctions from federal judges issued in all of the 20th century put together.
“Nationwide injunctions undermine the democratic process, depart from history and tradition, violate constitutional principles, and impede sound judicial administration, all at the cost of public confidence in our institutions and particularly in our courts as apolitical decision makers,” Mr. Barr said.
He emphasized that the separation of powers, rather than the granting of certain rights, protected the United States from tyranny. “As Justice Scalia colorfully quipped, ‘Every banana republic has a bill of rights,’” Mr. Barr said.
What we are seeing here is a power grab from a ravenous left-wing judiciary, intent on making the most outrageous rulings at the request of any left-wing activist group to supersede the will of the people. They will have their way no matter what the voters, those godawful deplorables, think, and an eager corps of left-wing judges with no respect for law except in how it serves leftwingery, are glad to help out. This is not democracy, this is rule by a leftist nomenklatura, a Deep-State adjunct which has already disgraced itself over the FISA approval process in the invented Russia collusion narrative.
Americans within the majority are not without power here - this latest injunction underscores the need to get rid these judges' power by getting rid of the current bounder House ruled by impeachment-obsessed Democrats. It shows how necessary it is to elect a bunch of representatives interested in what's going on in the country, including the threats we face, and ensuring that no petty left-wing activist playing victim can superced it. These congressional Democrats are at the root of the problem because they would block any such necessary reform. They need to be thrown out. Then, when a Republican (or non-crazy Democrat) Congress is elected, the first order of business, even ahead of the border crisis, should be judicial reform.
One of the three branches of government is out of control here and it's not the one headed by Donald Trump.
https://www.americanthinker.com/blog...cial_rule.html
Update: Far Left Activist Judge Who Issued Border Wall Injunction Donated Nearly $30,
Update: Far Left Activist Judge Who Issued Border Wall Injunction Donated Nearly $30,000 to Democrats
May 26, 2019
Jim Hoft
Another day, another corrupt Obama judge legislating from the bench.
California US District Court Judge Haywood Gilliam, an Obama appointee, issued a preliminary injunction on Friday partially blocking President Trump’s $1 billion border wall plan.
https://www.thegatewaypundit.com/wp-...am-600x353.jpg
Obama Judge Haywood Gilliam
The anti-American ACLU filed a lawsuit against the Trump Administration on behalf of the Sierra Club and the Southern Border Communities Coalition who argued Trump’s plan to divert funds from the Pentagon to build the wall is unconstitutional.
The Sierra Club also argued that walls “divide neighborhoods, worsen dangerous flooding and destroy lands and wildlife.”
“Because the Court has found that Plaintiffs are likely to show that Defendants’ actions exceeded their statutory authority, and that irreparable harm will result from those actions, a preliminary injunction must issue pending a resolution of the merits of the case,” the judge said in court.
The corrupt Obama judge cited the separation of powers between the legislative and executive branches in making his decision.
“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” Gilliam wrote.
The ACLU celebrated the activist judge for making a political decision to undermine President Trump and put our national security at risk.
Now this…
Judge Haywood Gilliam even donated to almost $30,000 to Democrats and Obama.
The Daily Caller reported:
Haywood Gilliam, the U.S. District Court judge who issued a preliminary injunction on Friday partially blocking President Donald Trump’s proposed border wall construction, once donated close to $30,000 to Democrats, a political action committee, and former President Barack Obama.
https://www.thegatewaypundit.com/201...-to-democrats/
