Federal Judge Throws Out Democrat Lawsuit Over Trump’s Use Of Emergency Military Funds To Build The Border Wall

District court Judge Trevor McFadden, in Washington, D.C., threw out a lawsuit by House Democrats trying to get an injunction against President Trump’s emergency border wall funding reallocation, saying that the matter is fundamentally a political dispute and that the Democrats lack standing to make a legal case.

President Trump had declared a national emergency back in February over the humanitarian crisis at the southern border after Congress failed to fund his border wall through the legislative process. House Speaker Nancy Pelosi (D-CA), and House Democrats filed a lawsuit in April, charging that Trump was “stealing from appropriated funds” by moving $6.7 billion from other projects toward border wall construction.

Democrats pretty much took the same oath as the president to protect and defend the Constitution, which means to protect the American people.  Trump is trying his best to do that, while Democrats have completely abandoned the Constitution and western values altogether.  After witnessing evidence that the southern border situation is completely out of control with hundreds of thousands of illegal aliens pouring over the border, drug cartels driving over the border to spread their poison on our streets, and the human sex trafficking trade passing over the border as well, Democrats had the gall to claim Trump’s national emergency was a “manufactured crisis.”

Democrats argued that the White House had “flouted the fundamental separation-of-powers principles and usurped for itself legislative power specifically vested by the Constitution in Congress.”  But they have no problem with House committee panels going beyond oversight by harassing the Trump administration over nothing, since the Mueller report has dispelled their wishes for proof of Russian collusion.  The Congress is not a law enforcement body, and there is zero legislative purpose to their constant threats and harassment on the president and officials in his administration.

McFadden, a Trump appointee, in this ruling, suggested Democrats were trying to circumvent the political process.

“This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers,” McFadden wrote in his opinion. “The Court declines to take sides in this fight between the House and the President.”

This ruling goes counter to Obama appointee, U.S. District Judge Haywood Gilliam’s injunction last week that blocked the administration from using the funds reallocated for border security projects in Arizona and Texas.

From Fox News:

McFadden began by focusing on two guiding Supreme Court cases he called “lodestars”– the 2015 case Arizona State Legislature v. Arizona Independent Redistricting Commission, and the 1997 case Raines v. Byrd.

“Read together, Raines and Arizona State Legislature create a spectrum of sorts,” McFadden wrote. “On one end, individual legislators lack standing to allege a generalized harm to Congress’s Article I power. On the other end, both chambers of a state legislature do have standing to challenge a nullification of their legislative authority brought about through a referendum.”

But, McFadden quickly distinguished the Arizona State Legislature case, which found institutional standing for legislators only in a limited instance. The Arizona case, the judge noted, “does not touch or concern the question whether Congress has standing to bring a suit against the President,” and the Supreme Court has found there was “no federal analogue to Arizona’s initiative power.”

Though McFadden wrote that the Democrats’ argument was similar to one made in the Raines case, under the framework of Raines, including how matters similar to Raines have been handled in the past, and the availability of other remedies besides litigation, the judge ruled that House Democrats had no standing.

All I can say is MAGA, another win for the American people brought to you by President Donald Trump.

My book is here!  And I personally handed a copy to our President at the White House!!! I hope you enjoy it !

BOOK – Why I Couldn't Stay Silent

Follow David on Facebook, Twitter, Instagram, Patreon and YouTube @DavidJHarrisJr