Trump Holds Off Emergency Declaration: Says It's The Easy Way Out

Mish

At a roundtable meeting on security, Trump backed down from repeated threats to declare a national emergency.

Yesterday: "Almost definitely"

“If [a deal with Congress] doesn’t work out, probably I will do it. I would almost say definitely,” Trump said of declaring a national emergency as he left the White House for Texas.

Today: Trump Backs Down

The "easy solution is for me to call a national emergency ... but I'm not going to do it so fast." Trump added "I have the absolute right to do it."

Trump said he would do it, it would be appealed, he expected to lose the appeal in the 9th Circuit, but would win in the Supreme Court.

"We have a country that is being invaded by criminals and by drugs and we're going to stop it," said Trump.

Who Pays for the Wall?

Rewriting History

Compelling Mexico to Pay for the Wall

That clip with Hannity does say "one way or another" but courtesy of web archives, please consider Compelling Mexico to Pay for the Wall.

That's what Trump meant. That link was taken down.

For a complete explanation of the vanishing link, please see Trump Thought It Would Only Take Three Days to Get Mexico to Pay for the Wall

Also, a March 2016 memo to Washington Post reporters explained multiple ways to “compel Mexico” to “make a one-time payment of $5-10 billion” to keep the U.S. from cutting off the spigot of money it already sends to Mexico annually.

Senator Lindsey Graham Wants Emergency Declaration

​National Emergency Valid Idea?

It certainly within his right to declare a National Emergency. I have stated so many times.

What's questionable is whether or not Trump can bypass Congress on funding.

Stupid Thing to Do

I do not know for sure how the courts would rule, and nor does anyone else.

However, I do know that declaring a national emergency would be a stupid thing to do.

Bad Precedent

A Fox News analyst warns that a future Democrat president could declare a "national emergency" over gun violence and ban guns.

The Wall Street Journal accurately comments on Trump’s Presidential Emergency.

The editorial board accurately argues "He probably has the legal authority, but it’s still a bad precedent."

Because President Trump has deployed troops to the border, he theoretically could reallocate some of the $10 billion or so unobligated military construction funds for a wall. This would be a broad interpretation of the law since a wall is not necessary to support troops. But the Supreme Court has nearly always upheld executive actions pursuant to delegations of Congress.

Real Threat: Climate Change

If Mr. Trump did win in court, a President Elizabeth Warren might take the precedent as license to circumvent Congress whenever it is politically expedient. Rising carbon emissions or even income inequality could be declared national emergencies. The media would cheer them on.

That's the problem with declaring national emergencies when there truly aren't any.

Who the hell knows what the Democrats will do when they get their turn?

Mike "Mish" Shedlock

Comments (28)
No. 1-15
Sechel
Sechel

I find myself channeling Jerry Seinfeld here. I just don't think Trump gets the concept of the word "Emergency"

e·mer·gen·cy /əˈmərjənsē/ noun noun: emergency; plural noun: emergencies

a serious, unexpected, and often dangerous situation requiring immediate action.

Did Trump not get that an emergency is unexpected and requires immediate action. None of what he said today supports that notion

The entire episode is absurd. Constitution is quite clear. Congress controls the purse strings. It's an instant constitutional challenge for the President to ignore the will of the legislature and allocate funds in a manner inconsistent with Congressional authorization

Not_Wagner
Not_Wagner

Who the hell knows what the Democrats will do when they get their turn?

Solution is simple to that problem Trump should:

  1. Declare National Emergency to build the wall;
  2. Declare National Emergency in 2020 elections to maintain status quo (ie keep Democrats away).

Just ask Putin and Jinping how this is done.

pi314
pi314

Democrats don't need to declare national emergencies to accomplish their priorities such as DACA and IRS harassment of conservative organizations.

Trump should just enforce existing immigration laws to the letter of the law, starting with CA. You won't believe how fast Democrats will approve the $5b funding for the wall.

2banana
2banana

What's the difference is DJT declaring a national emergency to build a wall and obama ignoring EXISTING FEDERAL LAW in an EO for DACA?

DACA is much worse. The democrats could have cared less.

themonosynaptic
themonosynaptic

Trump is borderline insane, Mish.

2banana
2banana

"...one faction, of one party, in one House of Congress, in one branch of government, doesn't get to shut down the entire government, just to refight the results of an election." -- obama 2013 during a FULL government shutdown

shred1
shred1

Of course he can declare a national security emergency. The Congress can then override him, and if only the Dems had actually won the Senate, they could. But they can't. With Kavanaugh now, and with RBG soon to be gone, U.S. Supreme Court will say its Constitutional, because it is.

Jojo
Jojo

Do it Trump! Declare the emergency and stop flapping your mealy mouth. The courts will surely stick this back to you, exactly as they have done with almost all of the other dumb things you tried to impose.

Sechel
Sechel

Followed the news here. My take is Chuck Grassley coming out against put the kabash on the emergency declaration. It wasn't until Grassley came on board with Trump firing Sessions that Trump went through with it. Grassley is a key Republican in the Senate and his opinion carries a great deal of weight. In some ways he's more important than Mitch McConnel. He doesn't speak often and he speaks quietly but his words reverbate

mudpuppet
mudpuppet

Up

Ron Cataldi
Ron Cataldi

He will save the actual declaration for when he really needs a distraction. Meanwhile NYTimes reports that the FBI opened a counterintelligence investigation into Trump they were so concerned that he was somehow compromised by the Russians. Of course you are still in denial about this Mish, in spite of the insane amount of connections to Russians Mueller has already revealed, and all the lies Trump has already been caught in concerning them.

Sechel
Sechel

If you can delay it, schedule it, or decide later whether or not it exists ... it’s probably not an emergency.

ML1
ML1

The claim that a future president could declare a "national emergency" and ban guns is an obvious and BLATANT LIE since guns are protected by 2nd amendment.

There is NO constitutional amendment requiring US-Mexico border to be almost complete open and allow millions of illegals to come through and to never build a wall on the border. Therefore declaring a national emergency and building a wall on the whole US-Mexico border is the sensible thing to do.

That Fox News analyst is therefore LYING to please some Republican donor who likes to push wages lower by employing illegals so he himself gets more profits from his companies.

Another option is that the Fox News analyst is NOT very bright...

ML1
ML1

I am watching CNN and CNN has turned into a Conspiracy News Network.

CNN is now reporting a theory that firing Comey was the act of Collusion with Russia by Trump.

This means Mueller has no proof whatsoever about collusion so they are grasping at straws. Maybe soon FBI agents will be wearing tinfoil hats...

There was a guy on saying this tinfoil hat theory and he has written a blog about it and was interviewed by CNN as expert:

Firing Comey by Trump was apparently a "threat to national security" in these conspiracy theorists mind.

Comey should have been fired by Obama after he botched the Hillary Clinton email server investigation since that investigation was done totally incompetently.

bayleaf
bayleaf

Some dimwits would declare a national emergency over gun rights, income inequality and global warming REGARDLESS of what Trump does. This is why they must be kept out of the WH, and why Trump should feel free to use the act.


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