Plagued President Donald Trump took a serious blow in court Friday. News wire service Reuters told:
A federal appeals court on Friday said U.S. President Donald Trump was wrong to divert $2.5 billion meant for the Pentagon to build part of his long-sought wall along the U.S.-Mexico border. In a pair of 2-1 decisions, the 9th U.S. Circuit Court of Appeals said [Trump] lacked constitutional authority for the transfer, noting that Congress had denied the funding and finding no “unforeseen military requirement” to justify it.
Chief Judge Sidney Thomas wrote in a majority opinion, “the Executive Branch’s failure to show, in concrete terms, that the public interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice’s own data points to a contrary conclusion.”
The majority added that, “These funds were appropriated for other purposes, and the transfer amounted to ‘drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause. Therefore, the transfer of funds here was unlawful.”
American University Law Professor Robert Tsai declared, “This decision is an important win for democratic accountability and a huge blow to President Trump’s pretensions to unilateral power over the purse. The Ninth Circuit read federal law closely and found that the shift of funds was not for a military purpose and that the needs he cited were not unforeseen — in other words, that the president has fabricated an emergency to complete his pet project.”
The Hill reported:
The 9th Circuit dispute is one of several lawsuits filed against the Trump administration over its emergency border wall funding. The court issued two related rulings on Friday, siding with California and more than a dozen states in one case, and private groups in another, all of whom challenged the administration’s move.
“Today, the court reminded the President — once again — that no one is above the law,” California Attorney General Xavier Becerra expressed. “While the Trump Administration steals public funds to build an unauthorized wall at the Southern Border, families across the country are struggling to pay their bills.” No question Trump will continue in his quest.