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Attorneys General of California, New York and 14 other states on Monday pleaded a lawsuit in the ninth circuit against the recent national emergency declaration on border security at the White House, saying that President Trump had "turned the country into a constitutional crisis of its own making". . "
President Trump had sarcastically predicted the trial last week. He has repeatedly criticized the ninth circuit as "shameful" and politically biased.
The lawsuit, brought in federal court in the Northern District of California, is seeking an injunction to prevent Trump from transferring billions of dollars of military construction to the border without the explicit approval of Congress. The lawsuit also asks a court to declare Trump's actions unlawful, arguing that Trump had demonstrated "flagrant disregard for the fundamental principles of separation of powers enshrined in the US Constitution" by violating the disclosure and disclosure provisions. Appropriation of the Constitution, which govern federal spending.
The case further contains allegations that Trump is violating the Environmental Protection Act by planning to build a wall that could have an impact on the environment without having first written the reports. impact on the environment required.
Attorneys General argue in particular that the wall of the border does not "require[] the use of the Armed Forces ", as required by section 2808 of the Federal Act, which governs construction projects in a time of national crisis, in accordance with US Article 2808. Acting Secretary of Defense, Patrick Shanahan would have said This week, it is not sure that there is a military necessity at the border or how much the agency should spend.
States argue that they have the right to sue the administration largely because, in their view, federal funds could have been spent on their defense. "Maine is aggrieved by the actions of the defendants and has locus standi because of the damage to the state and its residents by the reduction of the defendants' federal defense expenditures in Maine because of the diversion of funds to the wall of the border "of the combination is read.
"California is aggrieved by the actions of the accused and has locus standi because of the injury resulting from the loss of federal funds for counter narcotics, counter narcotics and the enforcement of law caused to the state by misappropriation of funds by the accused, "reads another paragraph.
In addition to Maine, California and New York, the state group also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, New Jersey and New Mexico.
"Declaring a national emergency when it does not exist is immoral and illegal," said Attorney General of New York State, Letitia James, who had previously pledged to use "all areas of law" to investigate Trump and his family, in a statement. "Diverting the necessary funds from real emergencies, anti-crime activities and military construction projects usurps congressional power and hurts Americans across the country. We will not defend this abuse of power and we will fight with all the tools at our disposal. "
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In a separate statement, Democrat Gavin Newsom, Governor of California, said, "President Trump is creating a crisis and declaring a" national emergency "invented to seize power and undermine the Constitution."
The litigation took place in the midst of protests dispersed on the occasion of Anti-Trump Presidents Day across the country, including a group of more than 100 protesters who waved placards at the White House while the President s 'expressed in Florida.
At a press conference held in front of the White House Friday, Trump mockingly predicted that court challenges against his emergency declaration would follow a proven track record.
"The order is signed and I will sign the last papers as soon as I get to the Oval Office," Trump told the press. "And we will have a national emergency and then we will be pursued, and they will sue us in the ninth circuit even though it should not be, and we will eventually have a bad decision, and then we will have another bad decision, and then we will meet at the Supreme Court and hope that we will get a fair shake and win in the Supreme Court just like the ban, they sued us in the ninth circuit and we lost lost in the Appeals Division, then we went to the Supreme Court and we won. "
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The Ninth Circuit Court of Appeals has jurisdiction for all appeals from the Northern District of California, where Monday's complaint was filed. The ninth circuit, based in San Francisco, has long been a legal stumbling block for conservative politics, and the White House has sought to appoint conservative judges to reduce the ranks of the Liberals in the court. Last year, Trump bypassed traditional protocols and ignored the concerns of Democratic state politicians regarding the appointment of prominent curators on the ninth circuit.
Trump even engaged in a public dispute with Chief Justice John Roberts on the matter, after Roberts made the unusual decision to challenge Trump's comments that the country was prejudiced over judges in some courts . Roberts sought to portray himself as a non-partisan justice.
But, the Democrats said it's the president who defies the basic legal standards.
"President Trump treats the rule of law with complete disregard," California Attorney General Xavier Becerra said Monday. "He knows that there is no border crisis, he knows that his emergency declaration is unjustified and he admits that he will probably lose this case in court."
In an interview, Becerra added, "The best evidence is probably the president's own words, [when he said]I did not need to do that, but I would prefer to do it much faster. That was a reference to Trump's comments on Friday.
Becerra also said that Trump knew he would lose in the ninth round and wanted a "Hail Mary" win at the Supreme Court.
The New York Attorney General, James, argued that the emergency declaration was not only legally unconstitutional, but also useless from a practical point of view, stating that "illegal entries to the southern border are at their lowest point in twenty years, immigrants are less likely than natives. " citizens born to commit crimes, and illegal drugs are more likely to go through the official entry points. "
White House senior advisor Stephen Miller, speaking exclusively to Chris Wallace, the presenter of "Fox News Sunday," challenged these arguments over the weekend. He added that the important built border wall is expected to be completed in September 2020 due to the emergency declaration.
"The problem with the assertion that you" apprehend 80 or 90% of the drugs at the points of entry ", is to say that you apprehend most contraband products at checkpoints (Transportation Security Administration) at airports, "said Miller. "You are apprehensive of smuggling there because that is where the people, the screening officers are, I assure you that if we had control officers of the same density on every inch of the border south, more drugs would be banned in these areas. "
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In response to claims that the President unconstitutionally took the power of the Congress, Miller noted that the National Emergency Act provided for an express power of the legislature to the executive – as well as dispute resolution mechanisms in case the president's disagreement on the president's use of the president. his authority.
"The law, Chris, is clear on its own terms," said Miller. "The Congress has allocated funds for the construction of border barriers in a consistent manner, which is part of national security."
Nevertheless, even a single federal judge could issue an order blocking the national emergency declaration, which has occurred nearly thirty times until now under the supervision of Trump.
The Trump administration has repeatedly condemned the increasingly common practice of a judge making such an order, and Associate Judge Clarence Thomas, who subscribed to the High Court's decision to reinstate the imposed travel ban. by Trump, wrote that such injunctions federal judicial system – prevent legal issues from infiltrating into federal courts, encourage "forum shopping" and make each case a national emergency for the courts and the executive branch . "
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The stakes are important for the White House, which has been struggling to see the approval of new funding by the Wall gain congressional approval. On Friday, Trump signed a spending compromise bill that provided only $ 1.4 billion for border security, far less than the $ 5.7 billion he had requested for the Wall.
The compromise bill, which was passed overwhelmingly by the House and Senate last week, provided for sufficient funding for the construction of only 55 kilometers of barricades, and not for the approximately 200 kilometers that the House- Blanche had asked.
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Nevertheless, neither party seemed enthusiastic about the bill, except for its provisions which avoided a further partial closure of the federal government. Conservative radio host Rush Limbaugh, speaking to "Fox News Sunday," called the bill "scandalous", citing provisions for what he called "centers". reception for newly arrived illegal immigrants and any kind of medical care "- a reference to the allocation of $ 192,700,000 in the conference agreement of the bill to improve medical care and the transportation of illegal immigrants held by the United States, including shelters operated by non-profit organizations.
The bill provided additional funding for 5,000 additional beds that Immigration and Customs Enforcement (ICE) could use to house illegal immigrants. But, in an effort to lobby the agency for it to hold fewer illegal immigrants, Democrats ensured that the bill did not include funding for 2,000 agents. Additional ICE requested by the Trump administration, nor of 750 border patrol agents also solicited.
Several Republicans, including Texas officials Dan Crenshaw and Chip Roy, voted against the bill, saying it was not properly treating the flow of illegal immigrants and drugs across the border. Roy called the bill "mockery" and said it "undermined the very purpose of an emergency declaration".
Prominent Democrats, including representatives of New York's Alexandria Ocasio-Cortez and Minnesota, Ilhan Omar, also rejected the spending bill, saying it was not doing enough to curb the spending bill. ; ICE.
A senior administration official told Fox News that the White House was planning to transfer $ 8 billion of funds currently available or available for the construction of the wall. Of this sum, $ 3 billion could be diverted with the help of the emergency declaration.
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This money would include about $ 600 million from the Treasury confiscation fund. This money has been described as "easy money" that the White House can use as it sees fit. The White House should also use money from the fight against drugs provided by the Department of Defense.
But by declaring an emergency, Trump is potentially able to unlock $ 3.5 billion in funding from the Pentagon's military construction budget.
Brooke Singman, Kelly Lighthouse, Kathleen Foster and Chris Wallace of Fox News contributed to this report.
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