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Thu Jan 10, 2019, 02:19 PM

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.

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

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Arrow 21 replies Author Time Post
Reply White House lawyers prepping legal justification for national emergency (Original post)
DonViejo Jan 10 OP
Botany Jan 10 #1
RockRaven Jan 10 #2
sprinkleeninow Jan 10 #12
cstanleytech Jan 10 #18
dalton99a Jan 11 #20
benld74 Jan 10 #3
TomCADem Jan 10 #14
C_U_L8R Jan 10 #4
elleng Jan 10 #5
Botany Jan 10 #7
elleng Jan 10 #8
cstanleytech Jan 10 #19
duforsure Jan 10 #6
EleanorR Jan 10 #9
JudyM Jan 10 #13
GeorgeGist Jan 10 #10
sprinkleeninow Jan 10 #11
orangecrush Jan 10 #15
area51 Jan 10 #16
Maxheader Jan 10 #17
muriel_volestrangler Jan 11 #21

Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:22 PM

1. Trump said today his legal team has told him he has the "absolute right" to declare an emergency.

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.

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Response to Botany (Reply #1)

Thu Jan 10, 2019, 02:30 PM

2. There are many things which POTUS has an "absolute right" to do which, when abused such as

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.

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Response to RockRaven (Reply #2)

Thu Jan 10, 2019, 03:03 PM

12. This already. eom

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Response to RockRaven (Reply #2)

Thu Jan 10, 2019, 04:06 PM

18. Agreed as it would be a violation of his oath to "preserve, protect and defend the Constitution"

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.

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Response to RockRaven (Reply #2)

Fri Jan 11, 2019, 12:55 PM

20. +1. It is a constitutional duty

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:31 PM

3. NO court will allow this to proceed

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Response to benld74 (Reply #3)

Thu Jan 10, 2019, 03:30 PM

14. No Case Is So Good, It Can't Be Lost

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.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:34 PM

4. It's a fraud.

Phony to the very core. There is no emergency.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:34 PM

5. Arrests For Illegal Border Crossings Hit 46-Year Low.

'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?

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Response to elleng (Reply #5)

Thu Jan 10, 2019, 02:41 PM

7. I wonder how many undocumented workers Trump has had or still has working for him ...

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

BTW nice post.

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Response to Botany (Reply #7)

Thu Jan 10, 2019, 02:43 PM

8. Thanks.

Hundreds, I suspect.

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Response to elleng (Reply #5)

Thu Jan 10, 2019, 04:09 PM

19. I suspect some of that may be due to the fact that wages in the US have been held down for so

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.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:36 PM

6. Maybe they'll include

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.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:44 PM

9. Ask republicans why no wall for 2 years if there's a crisis

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.

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Response to EleanorR (Reply #9)

Thu Jan 10, 2019, 03:19 PM

13. That's the evidence against their argument, right there. Show how it has materially changed.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 02:49 PM

10. One thing is certain...

WH lawyers are for shit.e.g.Rudi

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 03:02 PM

11. 'Prepping' for a proctological exam? 🤣

Q: Did you hear about the depressed proctologist?

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


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Response to DonViejo (Original post)

Thu Jan 10, 2019, 03:33 PM

15. I pray


The new Democrats are preparing for this as well.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 03:49 PM

16. Oh, an emergency is indeed underway,

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.

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Response to DonViejo (Original post)

Thu Jan 10, 2019, 03:59 PM

17. IMHO

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..

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Response to DonViejo (Original post)

Fri Jan 11, 2019, 03:46 PM

21. It's all about keeping him in the headlines, for anything but conspiring with the Russians

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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