When it rains it pours on President Donald Trump. As the president was dealt another blow to his administration’s plans on Friday.
This delivered by the 9th Circuit Court of Appeals. With a ruling that may stop Trump right in his tracks, as Friday’s ruling requires the immediate halting of border wall construction.
Trump’s latest legal woe finding his use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal.
Now it seems his pet project may be shelved for some time.
The Hill reports, In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction … from using military construction funds appropriated for other purposes to build a border wall.”
A primary question in play centers on the Commander-in-Chief and defining limits of that authority. And apparently it does not rest simply at his wishes.
According to the ruling, Trump’s national emergency proclamation also declared “that this emergency requires use of the Armed Forces” because although he “could do the wall over a longer period of time” by going through Congress, he would “rather do it much faster.”
The president had claimed “a national emergency exists at the southern border of the United States.” As he went on to make such a declaration.
Then re-allocated over $3.5 billion in pentagon funds toward his wall on the southern border.
This part of a total amount exceeding $5 billion for the proposed project. While Congress had allotted $1.375 billion “for the construction of primary pedestrian fencing … in the Rio Grande Valley Sector” in Texas.
Court room challenges have continued to mount against President Trump, as well as reports of sub standard quality construction in parts of the wall.
ProPublica recently reported “it’s not a matter of if a privately built border fence along the shores of the Rio Grande will fail, it’s a matter of when, according to a new engineering report on the troubled project.
“It seems like they are cutting corners everywhere,” added Alex Mayer, a professor of civil engineering at the University of Texas at El Paso. “It’s not a Lamborghini, it’s a $500 used car.”
Mark Tompkins, an environmental engineer hired by a wildlife refuge near the Rio Grande told, “Fisher Industries’ private bollard fence will fail during extreme high flow events.”
He announced, “When extreme flow events, laden with sediment and debris, completely undermine the foundation of the fence and create a flow path under the fence or cause a segment of the fence to topple into the river, unpredictable and damaging hydraulics will occur.”
“The geography at the wall’s construction location in comparison to the river bend is not at a favorable location for long-term performance.”
Company president Tommy Fisher called this “absolutely nonsense.”
Plus argued, “I would invite any of these engineers that so-called said this was gonna fall over, I’ll meet ‘em there next week. … If you don’t know what you’re talking about, you probably shouldn’t start talking,” he said.
“It’s working unbelievably well. There’s a little erosion maintenance we have to maintain.”
Customs and Border Protection (CBP) officials previously stated in a memo, “Their performance on this small project shows that some claims may have been inflated due to lack of experience with this type of work.”
There are less than four weeks to go until the presidential election. Trump has not said much lately about the wall. What is the reason?