Two-and-a-half years into his presidency, it’s looking increasingly likely that the morass of lawsuits and investigations intended to stymie President Trump and his administration’s agenda will be remembered as one of the president’s defining legacies. In this regard, few antagonists have been more effective than a cabal of San Francisco-based judges, most of whom were appointed by President Obama.
So it shouldn’t come as a surprise that one of these judges - US District Court Judge Haywood Gilliam, appointed to the bench by Obama in 2014 - sided with the ACLU, Sierra Club and the Southern Border Communities Coalition on Friday and ruled that two border-wall related construction projects shouldn’t be allowed to proceed. This, despite the fact that even Trump’s fiercest opponents in Congress have acknowledged that the crisis at the border is very, very real.
Gilliam ruled that Trump’s plan to divert Pentagon funds was unconstitutional because it was tantamount to an end-run around Congress, Fox News reports.
“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 Pentagon diverted $1 billion to border-wall related accounts in March, and another $1.5 billion this month.
Since the earliest days of Trump’s presidency, judges from the District Court for the Northern District of California or the Ninth Circuit Court of Appeals have blocked immigration-related policies including Trump’s travel ban (eventually upheld by the Supreme Court) and the ‘Remain in Mexico’ policy of releasing asylum seekers to Mexico to await their court hearings, instead of allowing them to roam free inside the US (a court battle is still being waged and the fate of this policy has not yet been decided). The Ninth Circuit also mostly rejected the DoJ’s lawsuit challenging California’s ‘Sanctuary State’ policies.
Trump’s national emergency declaration, made in February after the end of a 35-day partial government shutdown, elicited lawsuits from 20 states, including California, a slew of environmental groups and civil liberties groups. Congress also tried to terminate the order before Trump could start appropriating money for the wall, prompting Trump’s first presidential veto. In his declaration, Trump tried to appropriate roughly $8 billion in DoD and Treasury Department money.
Gilliam’s order applies to two projects which had been scheduled to begin as early as Saturday. Some of the DoD money was going to be used to replace 51 miles of fence in two areas along the Mexican border.
Though the fate of Trump’s border wall remains uncertain, one thing is for sure: As the administration continues its fight to move ahead with other border wall related projects, more unfavorable rulings are likely.
via zerohedge
Leave it up to Obama judges to screw this country up
AMEN to that….just shows they are COMMICRATS….not one thing DEMOCRATIC about them….control freaks, at best…fact! Hitler would be very proud of them👹👹👹👹👹
Yes, exactly like Obama did for 8 years. Obama appointed enough judges to further his socialist/Muslim policies long after he is gone.
Get that judge’s home address! If he likes illegals so much, he can accommodate them in his home!
Would love to see that happen….also would include ALL registered Democrats….let them take care of them at their expense and STOP ripping off ALL legal immigrants…and current Americans that should NEVER beto have their tax dollars pissed away on ILLEGALS…PERIOD.😡👹😡😡👹😡
That’s so funny because it’s exactly what I was going to post. I think we should get a petition to do just that. Bet we wouldn’t have any trouble getting signatures. Hmmmm……
obama in 8 years managed to take this country down. He wasn’t a liberal, he is a racist communist.
I saw pictures of obama with farrakhan, i did not see trump with kkk.
Trust me!!!! Any white person who voted for Obama to actually give a black man a chance was a stupid fucking fool as I was. I am so ashamed of myself that I did that….which goes to show you that Blacks are much more racist than whites along with being the most violent race.
I wonder what would happen if Trump just said to the Judge: “You have made your ruling, now let me see you enforce it” ala Andrew Jackson, and just plow ahead. These judges and the Democrat party are thumbing their nose at the will of the people. In fact they have been doing this for several decades now and must be stopped. Time is running out and as these battles creep their way through the courts at a snail’s pace, millions of illegal invaders slither into our country and either rob rape and pillage, get on the government teat, or displace legal citizens (and LEGAL immigrants) in the job market.
Randall, Tell me you really didn’t fall for all that!
1) It is TRUMP who’s been thumbing his nose- he’s the one who is refusing to follow the Rule of Law that is what keeps our country a Republic. As far as I can tell, he wants to be a dictator, just like his buddy, Putin. After all, he was elected “in name only”! He wants to have everyone report to him. Well, that’s not the way the founding fathers intended it, my dear. The Attorney General is supposed to be OUR AG, not Trump’s personal lawyer. Ditto the FBI, etc. And the Secretaries are supposed to have some previous experience that relates to their job, not just be rich suck-ups who want to wreck their departments and take care of their desires!
Also, statistics show that immigrants commit crimes at MUCH lower levels than the average citizen. Why would they rape, steal, etc.- they want to STAY here!
THINK! RESEARCH! Don’t let others make these decisions for you!
The best way to stop these liberal judges is replace them or hang them for treason! The judicial system in America just absolutely sucks. I have no confidence in it or did I support anything that’s judicial.
Obama had this all planned out to use the court system to carry on his islamo-communist policies long after he leaves office so matter who wins the presidential elections, they have to tow the line and carry on his failed policies with the radical environmentalists and the ACLU which should be investigated for violating the RICO statutes, why Trump hasn’t done this is beyond me as it would eventually throw them out of business. If that every happened, I’d say good riddance to that organisation founded by the American communist party.
A good example of a MUSLIM JUDGE SUPPORTING HIS BARBARIAN ISLAMIC BROTHER , Just another example of the barbarian stupidity and lunacy of the democrats that support these Islamic terrorists as they attempt to destroy our once great country that was RESPECTED BY ALL AND FEARED BY OUR ENEMIES which OBAMA AND HIS BRAINLESS DEMOCRATIC THUGS HAVE ALMOST TAKEN IT DOWN TO A THIRD WORLD COUNTRY , And i have not already made a comment on this which sometimes i get flagged for making a previous comment on various articles
this moran judge do not care for americans ctzs demofart
With all the troubles Calif. and the whole West Coast is giving us maybe we should build the wall but start in Az. and build it up the West coast all the way to Canada and across the Southern Border let them be part of there own problem and see how they act or just build it across the Southern Border up tp the Calif. Line and that way they can have there open borders
It should be against the law for a former POTUS as Fraudulent as Obama was, is, always will be, that was ineligible to even run for office, yet the DNC knowingly supported him anyway, to tell a sitting Judge to block a sitting POTUS! Why is Obama still breathing? There must be a killer somewhere in America that hates Obama! Well, who knows, maybe he will get Sickle Cell.
California is out of ground water! The people living there will be spreading out among the decent people! The Wrath of God!
The blame for all these communists and Muslims destroying America is my fault, and your fault! We complain about it, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, we complain, we vote, etc…
President Trump will just have to take it to the Supreme Court. They will go along with President Trump.
WE THE PEOPLE, only have power, when we are enraged enough to attack! Politicians ignore WE THE PEOPLE! WE must not care to die, or kill, to be effective!
Give me liberty, or give me death!
This judge can not make laws. He can’t block president Trump from anything. He did this to tie it up in courts. This judge gave money to Obama, a lot. So he is disqualified from making any judgement on president Trump. Bias.
Those Obama judges are mindless buffoons, and so are the sycophant members of Trump’s cabinet who lick his shoes whenever he commands them.
This judge does not run this country; hey judge keep your corrupt fingers out of the pie, and stop meddling.
As long as there are people in the private sector willing to continue construction, the wall will get built, though not as quickly as needed,but it’s sure making congress look bad to put their pique before the good of the country.