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A federal judge on Monday dismissed a request from the House to prevent President Donald Trump from exploiting the Department of Defense's money for the border wall project with Mexico, claiming that Congress was not going to go to court. did not have the power to sue.
Trump's victory is stifled by a federal decision in California last month that blocked the construction of key sections of the wall. The California case was filed by the American Civil Liberties Union on behalf of the Sierra Club and the Southern Border Communities Coalition.
US District Judge Trevor McFadden, appointed by Trump, wrote that the trial of the House was "to determine whether a House of Congress has" constitutional means "to enlist the judiciary in a political war with the President over the implementation of the legislation. "
McFadden said that Congress had no authority in this matter, but that he did not want to imply that the legislature could never challenge the president in court over the separation of powers.
"An old maxim in politics says that" where you stand depends on your position, "he wrote." In law, too, the quality of the plaintiff often depends on where he sits. A seat in Congress has many prerogatives, but its legal status to oversee the implementation of laws is not among them. "
The Ministry of Justice welcomed this decision, saying that the judge "had rightly ruled that the House of Representatives could not ask the courts to take sides in political disputes or the federal courts to through litigation what she could not get with the tools that the Constitution gives to Congress ". . "
A spokeswoman for House of Representatives Speaker Nancy Pelosi of Calif., Said the Democrats were reviewing the decision and assessing the opportunity to appeal.
A federal judge in Oakland, California, said on May 24 that Trump had exceeded his authority and prevented the start of work on two of the largest wall projects funded by the Pentagon, one covering 46 km in New York. Mexico and the other at 5 km (8 km). ) in Yuma, Arizona. The government plans to appeal the decision of Haywood Gilliam Jr., appointed by President Barack Obama.
Billions of dollars are at stake, which would allow Trump to move forward as part of a signing campaign promise before being offered a second term. The administration faces several lawsuits for the emergency declaration, but only two have tried to block the construction during the court challenge.
Trump declared a national emergency in February after losing a fight against the House led by the Democratic Party, which led the government to close its doors for 35 days and identified up to $ 8.1 billion for the building walls. The funds include $ 3.6 billion from military-build funds, $ 2.5 billion from the Department of Defense's anti-drug activities, and $ 600 million from the Confiscation Fund. Assets of the Treasury Department.
The Department of Defense has already transferred the counter-drug. Patrick Shanahan, Acting Defense Secretary, is expected to decide daily whether or not to transfer funds from military construction.
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