US News: Judge blocks construction of parts of border wall under emergency declaration - - PressFrom - United Kingdom
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US NewsJudge blocks construction of parts of border wall under emergency declaration

09:00  25 may  2019
09:00  25 may  2019 Source:   nbcnews.com

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President Trump’s declaration of a national emergency to build a border wall is expected to attract legal challenges. The groups argue that communities along the border would be harmed, not saved, by the construction of the wall , and that Mr. Trump had no legal basis for declaring an emergency .

But should Trump use separate funding under an emergency declaration , it is possible the “We can see what kind of destruction the wall is going to do to the wildlife habitats,” Higgs said. Trump’s depiction of the border as a region in crisis has been sharply criticized by local leaders from Texas to

Judge blocks construction of parts of border wall under emergency declaration © Jacquelyn Martin President Donald Trump waves as he visits a new section of the border wall with Mexico in Calexico, Calif., on April 5, 2019.

A federal judge in California on Friday issued a preliminary injunction barring the government from “taking any action” to construct a border wall in two sectors using funds diverted from the Defense Department.

Construction on the U.S.-Mexico border using money diverted from the Defense Department under President Donald Trump's emergency declaration was scheduled to begin as soon as Saturday, according to the American Civil Liberties Union, which had filed the lawsuit against the government.

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President Donald Trump's declaration of a national emergency to divert billions of dollars from the Federal District Court Judge Haywood Gilliam in Oakland, Calif., seemed skeptical as Justice The Sierra Club and a group of southern U.S. communities sought an order to immediately block the plan

15, Trump declared the national emergency , which the White House said would enable the use of billion for the construction of a border wall , with In making the administration’s case for a border wall , White House senior policy adviser Stephen Miller cited an increase in the number of people

"Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," U.S. District Judge Haywood S. Gilliam wrote in the ruling.

The order applies to two planned projects to add 51 miles of fence in two areas, the Associated Press reported.

"This order is a win for our system of checks and balances, the rule of law and border communities," Dror Ladin, staff attorney with the ACLU’s National Security Project, said in a statement.

The ACLU was acting as legal counsel on behalf of the Sierra Club and a coalition of border communities that had sued the government to block the funding.

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On February 15, 2019, President of the United States Donald Trump declared a National Emergency Concerning the Southern Border of the United States (Proclamation 9844) activating executive powers provided under the National Emergencies Act to utilize the armed forces and construction powers

A federal judge in California has blocked President Donald Trump from building sections of his long-sought border wall with money secured under his declaration of a The judge is weighing two cases that challenged the maneuver to redirect mostly military-designated funding for wall construction .

The president in February declared an emergency to divert billions of dollars from the Pentagon for a border wall. Trump made the move after Congress declined to approve the billions requested by the president. The federal government was partially shut down for 35 days — its longest in history — over Trump's demand for border wall funding.

Gilliam, of the U.S. District Court of Northern California in Oakland and an appointee of President Barack Obama, wrote in his order that the government’s position "would pose serious problems under the Constitution’s separation of powers principles."

He agreed with the plaintiffs challenging the move that "to permit this massive redirection of funds under these circumstances likely would amount to an 'unbounded authorization for Defendants to rewrite the federal budget.'"

Gilliam wrote that his order applied to construction in two sectors, identified as "Yuma Sector Project 1" and "El Paso Sector Project 1."

Couple are kept awake by strange noise in their wall for two years... only to discover a hive of 80,000 BEES

Couple are kept awake by strange noise in their wall for two years... only to discover a hive of 80,000 BEES The incident took place in the town of Pinos Puente, near Granada in the southern Spanish region of Andalusia. The couple, who have not been named in reports, are said to have noticed a constant buzzing noise in the walls of the bedroom which stopped them from sleeping at night. However, it was only on further investigation that they discovered there was a beehive in the wall and they called local beekeeper Sergio Guerrero to the scene.

Trump has floated the possibility of declaring a national emergency as a resort for building the border wall , to the chagrin Whether and how funding is allocated for Trump’s wall is a significant part of that Under a national emergency declaration , is a president allowed to unilaterally divert funds

WASHINGTON — The House voted on Tuesday to overturn President Trump’s declaration of a national emergency on the Mexican border , with just 13 Republicans joining Democrats to try to block his effort to divert funding to a border wall without congressional approval.

Emails seeking comment from two attorneys listed as representing the government in the case were not immediately returned Friday evening.

A spokesperson for the Department of Justice did not immediately return a request for comment Friday night.

The ACLU said Gilliam's decision affected the first-announced projects, which the organization said "amounted to $1 billion diverted from military pay and pension accounts."

"The case is not about whether the challenged border barrier construction plan is wise or unwise," the judge wrote, and "It is not about whether the plan is the right or wrong policy response to existing conditions at the southern border of the United States."

Gilliam said in his order that the Sierra Club and the Southern Border Communities Coalition showed a "likelihood of success" in arguing that Congress previously denied funding.

He wrote that the groups were also likely to show that the government fails to meet a required "unforeseen military requirement" for reprogramming funds.

The "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 judge said in his order.

Gilliam set a case management conference for June 5.

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