White House Press Secretary Sarah Sanders announced Friday night that “in 21 days” President Trump is “moving forward building the wall with or without the Democrats” just hours after Trump gave into the Democrats by agreeing to end the partial government shutdown for three weeks.
In 21 days President @realDonaldTrump is moving forward building the wall with or without the Democrats. The only outstanding question is whether the Democrats want something or nothing https://t.co/dMaDfBOIuT
— Kayleigh McEnany 45 Archived (@PressSec45) January 26, 2019
The Daily Caller reported on Thursday that congress’ nonpartisan research arm determined Trump could build fencing using the Department of Defense without declaring a state of emergency or getting approval from congress:
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CRS, Congress’s in-house research arm, internally published a paper Jan. 10 titled “Can the Department of Defense Build the Border Wall?,” which The Daily Caller News Foundation has obtained. It says (emphasis added):
Another statute that authorizes the Secretary of Defense to assist civilian law enforcement with counterdrug activities may provide some authority for the construction of barriers along the border. 10 U.S.C. § 284 (Section 284) provides that the Secretary of Defense “may provide support for the counterdrug activities or activities to counter transnational organized crime” of any law enforcement agency, including through the “[c]onstruction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.” …
Use of Section 284 would not require a declaration of a national emergency under the NEA. However, the DOD’s Section 284 authority to construct fences appears to extend only to “drug smuggling corridors,” a condition that may limit where DOD could deploy fencing.
“Drug corridors” are not defined in law, according to a top congressional aide.
Trump can also declare a “state of emergency” and fight it out in the courts with the lawsuits which are sure to follow.
Regardless, it can’t be stressed enough how absolutely insane it is that we have a military budget of $716 billion for 2019 and yet we can’t even secure our own border. The only use of our military congress can agree on is neocon regime change operations in foreign lands — against the will of the public — which put America Last.
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