President Trump hints he may use Defense budget to build the border wall now
President Trump tweeted something very suggestive this morning, indicating that he may use the powers of the executive to work around the $1.3 trillion abomination’s limitations on the border wall:
Because of the $700 & $716 Billion Dollars gotten to rebuild our Military, many jobs are created and our Military is again rich. Building a great Border Wall, with drugs (poison) and enemy combatants pouring into our Country, is all about National Defense. Build WALL through M!— Donald J. Trump (@realDonaldTrump) March 25, 2018
“Build WALL through M” sounds like a plan that John Salisbury outlined in a Twitter thread yesterday. Rather than embed each tweet, I will post their contents below. Readers who want to reference an individual tweet may visit the link above to review the entire thread.
1) Let's talk about what the President can and can't do for this Omnibus Bill. There's a lot of discussion both ways so let's examine how money gets allocated & spent in the US Government:
1. Congress allocates money to be spent. The President spends the allocated money.
2. Once Congress allocates money, their job is oversight of the money being spent. They don't spend the money and have no say HOW it gets spent as long as it's spent legally. That's their job to monitor with oversight.
3. Once the President is given the money with the instructions to spend it, he has a number of choices to make in spending it. There are some rules he has to follow & some of the money is fungible and some isn't.
4. However there are some other factors that are in play here. One of them is that the President has declared a Human Rights Emergency AND has notified Congress that he's invoking the Balanced Budget and Emergency Deficit Control Act of 1985. 5. This opens up new options.
6. By making these two declarations President Trump has just communicated that he has the authority to NOT spend any funds he doesn't deem necessary and will return them to the US Treasury. So, funds for Planned Parenthood? He can simply not allocate the funds.
7. Also, these declarations make some funds fungible. For instance if he determines that building a Wall on the Southern Border is a defense against Human Trafficking? He can move funds from anywhere else in the Defense Dept Allocation & simply build the Wall.
8. Congress is powerless to stop cash reallocations on an omnibus bill AND cannot stop the DOD from taking measures under a declared Emergency. 9. Despite their language in the Omnibus Bill about the Border Wall, it is trumped by the State of Emergency that Trump declared.
8) So in summary - This will go to the Courts. Congress will sue the President over the Border Wall. But here's how it will play out - Congress and the President are co-equal branches with different functions. Congress allocates. The President spends.
9) The President has National Security as his Primary Responsibility and it's his job to use whatever funds and declarations he needs to for that job. No Court in this Nation (except corrupt on the take Judges) would EVER rule against a President for exercising that authority.
10) In the end the Supreme Court (yes, that's where it will end) will fully VALIDATE the President's Constitutional Authority & the Wall will be built. /end #MAGA #QAnon #TQFam #8Chan #TheGreatAwakening #TheStormIsHere @POTUS #InternetBillOfRights #FreeTheInternet
In a later tweet, Salisbury speculates:
This has got Mulvaney's fingerprints all over it...
Note that Nick Mulvaney, head of the OMB, outmaneuvered and outsmarted Elizabeth Warren’s cats paws at the Consumer Financial Protection Board, and became simultaneously the director there in order to begin dismantling its burdensome regulations. Taking advantage of Warren's design, he is now immune from Congressional oversight there. There is little doubt that he is highly skilled at using bureaucratic and legal farmeworks.
I am not a constitutional lawyer, and have no idea if this strategy would work. But I ike the way it promises to get the job done.
Border wall prototype picture via Flickr