Tuesday, August 4, 2020

BREAKING, Obama Appointed Judge Rules On Trump Wall Plan

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A federal judge has again stepped in to stop the plans of President Donald Trump to protect the American citizens from illegal immigration.

An injunction was issued on Friday to block the transfer of around $1 billion from other Defense Department programs to fund part of the border wall, The Hill reported.

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.

Trump made an emergency declaration earlier this year to circumvent Congress and reallocate funding from the Defense Department to begin work on the wall.

The judge halted the Trump administration “from taking any action to construct a border barrier” using the reallocated Defense Department funds in parts of Arizona and Texas identified as Yuma Sector Project 1 and El Paso Sector Project 1.

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, and particularly Congress’s power of the purse, in making that determination.

Is the judge biased?

“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.

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