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DonViejo

(60,536 posts)
Thu Jan 10, 2019, 03:19 PM Jan 2019

White House lawyers prepping legal justification for national emergency

Source: CNN



2 hr 25 min ago

From CNN's Kevin Liptak

Part of the White House counsel's office review of declaring a national emergency has included laying the groundwork for a legal defense of the move, according to officials familiar with the matter.

That has included advising the President's aides on ramping up talk of the humanitarian and security "crisis" — a characterization that administration lawyers could use later in court to defend a national emergency. The lawyers have suggested the more times the term is used, the more citations they will have in filing a legal defense. Trump and others in the White House began using that term more frequently over the past week.

The lawyers are looking for other ways to illustrate that an emergency is underway, recognizing a declaration would be challenged by Democrats. That has also included hosting lawmakers in the Situation Room for talks, a setting that lends to the sense of crisis.

The counsel's office review of the emergency powers as it relates to the border began in the middle of last week, officials said. Trump said today his legal team has told him he has the "absolute right" to declare an emergency.

###



Read more: https://www.cnn.com/politics/live-news/government-shutdown-january-2019/h_85a25615417e16a4bd4a1b2e0507ee82

21 replies = new reply since forum marked as read
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White House lawyers prepping legal justification for national emergency (Original Post) DonViejo Jan 2019 OP
Trump said today his legal team has told him he has the "absolute right" to declare an emergency. Botany Jan 2019 #1
There are many things which POTUS has an "absolute right" to do which, when abused such as RockRaven Jan 2019 #2
This already. eom sprinkleeninow Jan 2019 #12
Agreed as it would be a violation of his oath to "preserve, protect and defend the Constitution" cstanleytech Jan 2019 #18
+1. It is a constitutional duty dalton99a Jan 2019 #20
NO court will allow this to proceed benld74 Jan 2019 #3
No Case Is So Good, It Can't Be Lost TomCADem Jan 2019 #14
It's a fraud. C_U_L8R Jan 2019 #4
Arrests For Illegal Border Crossings Hit 46-Year Low. elleng Jan 2019 #5
I wonder how many undocumented workers Trump has had or still has working for him ... Botany Jan 2019 #7
Thanks. elleng Jan 2019 #8
I suspect some of that may be due to the fact that wages in the US have been held down for so cstanleytech Jan 2019 #19
Maybe they'll include duforsure Jan 2019 #6
Ask republicans why no wall for 2 years if there's a crisis EleanorR Jan 2019 #9
That's the evidence against their argument, right there. Show how it has materially changed. JudyM Jan 2019 #13
One thing is certain... GeorgeGist Jan 2019 #10
'Prepping' for a proctological exam? 🤣 sprinkleeninow Jan 2019 #11
I pray orangecrush Jan 2019 #15
Oh, an emergency is indeed underway, area51 Jan 2019 #16
IMHO Maxheader Jan 2019 #17
It's all about keeping him in the headlines, for anything but conspiring with the Russians muriel_volestrangler Jan 2019 #21

Botany

(70,504 posts)
1. Trump said today his legal team has told him he has the "absolute right" to declare an emergency.
Thu Jan 10, 2019, 03:22 PM
Jan 2019

No, the national emergency is that Trump is President because of his collusion with a hostile
foreign power, manipulation of our elections, and the GOP/media that went right along with
this coup.

Trump is the national emergency.

RockRaven

(14,966 posts)
2. There are many things which POTUS has an "absolute right" to do which, when abused such as
Thu Jan 10, 2019, 03:30 PM
Jan 2019

in this case for political purposes, Congress has an absolute right AND duty to impeach and remove the scumbag.

If he declares a national emergency, someone in the House should introduce articles of impeachment immediately solely based on this episode.

cstanleytech

(26,291 posts)
18. Agreed as it would be a violation of his oath to "preserve, protect and defend the Constitution"
Thu Jan 10, 2019, 05:06 PM
Jan 2019

because the power of the purse does not sit with the President.
If it did then the next Democratic President could use it to institute medicare for everyone under the claim that there is a national healthcare crisis.

TomCADem

(17,387 posts)
14. No Case Is So Good, It Can't Be Lost
Thu Jan 10, 2019, 04:30 PM
Jan 2019

Also, even if Trump loses in the courts below, the Supreme Court May go along with it with two Trump lackeys. At minimum, you will have Kavanaugh bending over backwards to support Trump.

elleng

(130,902 posts)
5. Arrests For Illegal Border Crossings Hit 46-Year Low.
Thu Jan 10, 2019, 03:34 PM
Jan 2019

'Arrests of people trying to cross illegally into the U.S. from Mexico plunged to the lowest level since 1971, as fewer people attempted the trek, the Department of Homeland Security announced Tuesday.

Meanwhile, immigration arrests in the interior of the country increased by 25 percent, the data show.'

https://www.npr.org/2017/12/05/568546381/arrests-for-illegal-border-crossings-hit-46-year-low?

Botany

(70,504 posts)
7. I wonder how many undocumented workers Trump has had or still has working for him ...
Thu Jan 10, 2019, 03:41 PM
Jan 2019

.... @ his golf courses, restaurants, hotels, and construction sites?

BTW nice post.

cstanleytech

(26,291 posts)
19. I suspect some of that may be due to the fact that wages in the US have been held down for so
Thu Jan 10, 2019, 05:09 PM
Jan 2019

many decades by employers for the average worker that the pay now is not as good as it used to be where as pay in other countries has continued to gradually rise.
In other words the Repugnants are closer to getting their dream of turning this country into a third world nation.

duforsure

(11,885 posts)
6. Maybe they'll include
Thu Jan 10, 2019, 03:36 PM
Jan 2019

How trump hires illegals, gives them fake green cards, yet claims its a crisis. Also , he doesn't do background checks, and has no idea who they are but hires them at probably all his businesses in this country. His phony crisis act isn't going to work.

EleanorR

(2,391 posts)
9. Ask republicans why no wall for 2 years if there's a crisis
Thu Jan 10, 2019, 03:44 PM
Jan 2019

If there is a crisis, why didn't they go nuclear and vote for the wall? Eh, McConnell? Seems republicans did not, and do not, believe there's a crisis.

sprinkleeninow

(20,246 posts)
11. 'Prepping' for a proctological exam? 🤣
Thu Jan 10, 2019, 04:02 PM
Jan 2019
Q: Did you hear about the depressed proctologist?

A: He's been feeling down in the dumps.


area51

(11,908 posts)
16. Oh, an emergency is indeed underway,
Thu Jan 10, 2019, 04:49 PM
Jan 2019

but it's the 45k people dying every year due to lack of healthcare (see sig line), not a bogus immigration "crisis" like Donald likes to claim.

Maxheader

(4,373 posts)
17. IMHO
Thu Jan 10, 2019, 04:59 PM
Jan 2019

The very fact it is taking so much of the white house attorneys time to get a legal declaration of what an emergency is...tends to nullify

that very declaration...No basis, no need..

muriel_volestrangler

(101,316 posts)
21. It's all about keeping him in the headlines, for anything but conspiring with the Russians
Fri Jan 11, 2019, 04:46 PM
Jan 2019
Donald Trump said on Friday that he does not plan to declare a national emergency – a day after suggesting he would “probably” do so.

Speaking at a cabinet meeting over the government shutdown and the border wall, Trump said: “What we’re not looking to do right now is national emergency.”

https://www.theguardian.com/us-news/live/2019/jan/11/trump-government-shutdown-democrats-congress-latest-live?page=with:block-5c38f80ce4b0cebe761849ec#block-5c38f80ce4b0cebe761849ec

The TV speech, the 'will he/won't he' "emergency", the visit to the area - all designed to make him look like someone who takes decisions. It would fit in with an episode of The Apprentice. The media ought to ignore anything that's just a statement from him, because it means fuck all.
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