Why Trump Will Win The Wall Fight

Custom and Border Protection

Below is my column in The Hill newspaper on the litigation against the declaration of a national emergency by President Donald Trump in order to build his long-promised wall. Some members of Congress has said that they expect the House of Representatives to sue while private litigants have already filed challenges. Regardless of the litigants (and there are likely to be a mix of parties), they face similar barriers in convincing a federal judge to rescinded a declaration that Congress has not rescinded. This is a straight statutory interpretation case, not the “constitutional crisis” widely described by critics. There are possible claims against the funding conditions, but Congress gave the President not just the unfettered authority to declare such emergencies but the largely unconditioned appropriations that he may use to build the wall.

Here is the column:

Justice Oliver Wendell Holmes once said, “If my fellow citizens want to go to hell, I will help them. It is my job.” He was expressing the limited role of courts in challenges to federal law. It is not the task of judges to sit as a super legislature to question the agendas of the political branches. They will gladly send Congress to hell. It only needs to point to the destination.

In the matter of the border wall, Congress could not have been more clear where it was heading. It put itself on the path to institutional irrelevancy, and it has finally arrived. I do not agree there is a national emergency on the southern border, but I do believe President Trump will prevail. This crisis is not the making of Donald Trump. This is the making of Congress.

For decades, Congress frittered away control over its authority, including the power of the purse. I have testified before Congress, warning about the expansion of executive power and the failure of Congress to guard its own authority. The two primary objections have been Congress giving presidents largely unchecked authority and undedicated money. The wall funding controversy today is a grotesque result of both of these failures.

Start with the National Emergencies Act of 1976. Presidents have long declared emergencies based on their inherent executive authority. The use of that authority produced some conflicts with Congress, the most famous seen in the case of Youngstown Sheet & Tube Company versus Charles Sawyer, in which the Supreme Court declared that the federal seizure of steel mills during the Korean War was unconstitutional because Congress had never granted President Truman that authority.

However, Congress later gave presidents sweeping authority under the National Emergencies Act of 1976. While this law allows for a legislative override by Congress, the authority to declare national emergencies is basically unfettered. It is one of many such laws where Congress created the thin veneer of a process for presidential power that, in reality, was a virtual blank slate. At the same time, Congress has continued to give the executive branch billions of dollars with few conditions or limitations.

This is why President Obama was able to go to war in Libya without a declaration and fund the entire war with billions of undedicated funds. Neither House Speaker Nancy Pelosi nor most of the current Democratic leadership made a peep of objection at this. But when it comes to the wall, Democrats have indicated they will rely on the ruling in House of Representatives versus Sylvia Burwell, in which the court declared the House of Representatives had standing to sue over executive overreach and that Obama violated the Constitution in ordering the payment of billions to insurance companies without authorization from Congress.

I was lead counsel for the House of Representatives in that case. Ironically, Pelosi vehemently opposed the litigation as a frivolous and unfounded challenge to presidential authority. We won the case. Superficially, it may look like the wall controversy. Obama sought funds from Congress and, when unsuccessful, acted unilaterally. But Obama ordered the money directly from the Treasury as a permanent appropriation, like the money used to pay tax refunds. Congress had never approved such payments.

Conversely, Trump is using appropriated funds. Like the authority under the National Emergencies Act, Congress gave this money to the executive branch without meaningful limitations. Trump now has almost $1.4 billion in newly approved funds to use for border protection. He has identified about $8 billion in loosely dedicated funds for military construction, drug interdiction, and forfeitures. Even if a court disagreed with the use of this money, Trump has the power and funds to start construction of the wall.

Congress has yielded more and more power to the executive branch over decades. In many areas, it has reduced the legislative branch to a mere pedestrian in government, leaving real governing decisions to a kind of “fourth branch” of federal agencies. For their part, presidents have thus become more and more bold in circumventing Congress. When Obama gave a State of the Union proclaiming his intention to bypass Congress after it failed to pass immigration reform, Democrats applauded loudly.

Many of them, like Pelosi, denounce this unilateral action by Trump yet ecstatically supported the unilateral actions by Obama, including his funding of some critical parts of the Affordable Care Act after Congress denied any funds. Democrats insist Trump can be challenged on his use of emergency authority since they do not believe an emergency exists on the southern border. They will fail spectacularly if the case gets to the Supreme Court. While the source of funding can be challenged, there is no compelling basis to challenge the national emergency declaration.

The reason? Congress has never been particularly concerned over past declared emergencies, which have continued with perfunctory annual renewals. Most such emergencies are entirely unknown to the vast majority of Americans. Indeed, the first proclamation of a national emergency occurred under President Wilson in 1917, “arising from the insufficiency of maritime tonnage to carry the products of the farms, forests, mines, and manufacturing industries of the United States.”

Remember that national emergency over the “anchorage and movement of vessels” with respect to Cuba? How about the national emergency over uncut diamonds from Sierra Leone? Then there were the declarations over property owned by certain figures in Zimbabwe, the presidential election in Congo, and issues concerning Yemen, Burundi, Myanmar, Lebanon, Somalia, and South Sudan. All of these were “national emergencies.”

Curiously, Pelosi has called for the declaration of a national emergency to deal with the “epidemic of gun violence in America.” She also said that she wished Trump would add that declaration but that a “Democratic president can do that.” Yes, a Democratic president certainly could, and that is the key point here. Congress gave all presidents the power to make such declarations, and Pelosi is now making the case for Trump today.

While Democrats insist this emergency declaration is simply an effort to use executive power to get what Congress would not give Trump, any litigation would be an effort to use judicial power to do much the same thing. The House of Representatives would try to convince a federal judge of the merits against a wall, after failing to convince enough members of Congress to override the emergency declaration and a presidential veto.

That brings us back to Holmes. Congress has the authority to rescind the national emergency declaration of Trump with a vote of both chambers. The legislative branch should do so. If Congress cannot muster the votes, however, a federal judge is unlikely to do so. Simply put, the courts were not created to protect Congress from itself. Congress has been heading to hell for decades, and it is a bit late to complain about the destination.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can follow him on Twitter @JonathanTurley.

163 thoughts on “Why Trump Will Win The Wall Fight”

  1. mr. Turley, thank you for your comments. You like many parents do, only said you do not believe the there is a national emergency at our boarder. You did not back up your statement with any facts and thats because you are wrong in your claim. You have not witnesses the illegal activities occurring at our gates but only have seen what you watch on the democrat party news media (abc, cbs,nbc, cnn, wp, nyt). As a lawyer you should put forth the facts rationalized by the words of the written laws.

    1. You are, of course, allowed your own opinion–no matter how uninformed. You are not, however, allowed your own facts. The fact that there is no “emergency”–national or otherwise is a known quantity by those who are actually at the border; and, by those who understand statistics, evidence, facts and reality. So, thanks for checking in with the evidence that you “luvs you some hannity” or whichever shrieking Pravda Faux News buffoon which you believe is “talking to you.” Pro tip: hannity thinks you’re an imbecile, too.

      this is to “but the guy wearing a disguise on reddit sounded so convincing” noodler

      1. Mark M:

        “You are, of course, allowed your own opinion–no matter how uninformed. You are not, however, allowed your own facts. The fact that there is no “emergency”–national or otherwise is a known quantity by those who are actually at the border; and, by those who understand statistics, evidence, facts and reality.”
        Well actually your statement is an opinion based on undisclosed facts an unnamed experts or as we call that at the courthouse, a faith-based argument. Disclose a few facts from reputable sources and we’ll consider you a lawyer and not an sophistry-guided ideologue.

        And to think some here longingly wished to you reappear with enlightenments from the future like the Great Gazoo!

        1. Sorry, I’m manifestly not here to educate, coach up, or perform gratis cut-and-pastes. The statistics, evidence, facts and reality are readily available to anyone with a working internet. Any who claims otherwise about the substance of my post are either comatose or lying. Pro tip: Anyone who tells you not to trust your lyin’ eyes is a con-man.

          to mespo

          1. That’s fine. I don’t really care all that much about enlightenment from the future. Just so long as Mr. M. checks in from time to time.

            It’s something to look forward to, you see.

  2. Turley says: “Democrats insist Trump can be challenged on his use of emergency authority since they do not believe an emergency exists on the southern border. They will fail spectacularly if the case gets to the Supreme Court. While the source of funding can be challenged, there is no compelling basis to challenge the national emergency declaration.”

    Gee, Jon, what about Trump’s own admission that there was no emergency, and that he did this to expedite construction of the wall? What about the fact that he believes this allegedly unfettered power to declare an emergency was nothing more than a back-up plan when the supreme deal-maker flopped twice in bullying Congress to authorize taxpayer money to pay for the wall that most Americans oppose, and that he repeatedly promised Mexico would pay for? Will courts just plain ignore Trump’s own admissions?

    Did you see the cold open of Saturday’s SNL, in which Alec Baldwin, portraying Trump, predicted that is buddy, Bart Kavanaugh, would see to it that he gets away with what he’s done in exchange for him being placed on the SCOTUS? Not far-fetched at all.

    1. NOW you believe in conspiracies that are pure speculation, but the Deep State and its machinations that are real, not speculative—are all “right-wing conspiracy” nonsense, right?



    In Paragraph 2, Turley writes: “I do not agree there is a national emergency on the southern border”. Yet the professor seems to state this as only a disclaimer. The column is then more concerned with the perceived hypocrisies of Nancy Pelosi for supporting Obama’s efforts to get around Congress.

    Had Trump been willing to give Democrats something in return for border wall funding, we could have avoided the government shutdown and this bogus emergency. But right-wing media would ‘not’ let Trump make any deals. It was right-wing media that forced Trump to take the country hostage in what has clearly become a self-inflicted crisis.

    Border Security is important. Steel fencing was already in place along sections of the border ‘before’ Trump took office. More steel fencing is probably needed at additional sections. And I’m sure the Border Patrol could use more hi-tech equipment.

    But the ‘real’ border crisis was 20 years ago. All statistics and studies highlight this reality. The vast majority of undocumented immigrants in this country today entered before 2008. Since then the border has been relatively stable compared to the 1990’s.

    Therefore this entire debate is a tragic waste of energy. Americans are screaming at each over a crisis that peaked before 9 / 11. Climate Change, Healthcare and Infrastructure are far more urgent issues. Addressing those issues would benefit far more Americans than a bogus border crisis.


      That is Turley’s opinion based on his high standard of living but if his job was being taken away so that he couldn’t feed his family he would find the wall and better border control an absolute necessity while labelling it an emergency..

      However, when one reads Turley’s legal opinion based on litigating a similar issue in front of the Supreme Court TURLEY SAYS TRUMP IS RIGHT AND WILL PREVAIL IN FRONT OF THE SUPREME COURT.

      Peter continues with rhetoric meant to enhance Peter’s destroyed image. What Peter is really saying is he doesn’t care about women being raped or young people dying of drugs. Nor does Peter care about those from south of the border that die on the trip here. Loads of other things Peter doesn’t care about but who ever thought Peter was reputable person? He isn’t type of person our children should become and his data is almost always wrong whether it be the number of illegals, the reduction of unemployment, the shift towards the left by Democrats in the period between Trump and JFK along with a whole host of other thoughts proven in prior replies on this blog.

      Is anyone on this blog actually foolish enough to listen to Peters continuous errors of fact and logic?

      1. Like your hero, Trump, Allan, you cannot deal with facts, but instead engage in ad hominem attacks on anyone with whom you disagree. More women are raped by native-born Americans. Most illegal drugs enter this country at ports of entry, where Democrats want to spend more money on people and technology to beef-up surveillance. There’s nothing we in the U.S. can do about people dying on the trip here before they enter the U.S..

        What the U.S. can, and should, do, is severely punish companies and individuals that hire illegals–you know, the big hotel chains whose chambermaids, kitchen help, landscapers, maintenance workers and janitors are mostly illegals. Then, there are the big restaurant chains, nanny and housekeeper services, landscaping and lawn mowing services, and other low-skill, low-wage jobs that rely heavily on illegals. If there were no jobs, they’d stop coming. Fences and walls won’t stop them, but the prospect for no work would. Big companies not only intentionally hire them, they have plans in place for when ICE shows up. They rely on cheap, illegal labor. Illegals don’t file as many worker compensation or unemployment claims, they don’t complain about sexual harassment or race discrimination. They don’t demand retirement benefits, and because they don’t have SS numbers, FISA taxes get refunded. In other words, cheap labor helps the bottom line. Most, if not all, of these big companies are run by Republicans, so the little dog and pony show about border walls and the hand-wringing about rapists and murderers is for racists who feel threatened by those brown people. The Republican business owners are the root cause of this problem, but don’t hold you breath that Republicans will do anything to punish those who hire them.

        1. “…you cannot deal with facts, but instead engage in ad hominem attacks on anyone with whom you disagree. “

          Now that is rich coming from the irreligious, intolerant, resist, Nazi, Antifa, suck the brains out of new born babies Left.

        2. You are such a fool Nutacha. We really don’t know the numbers, but an American is a legal citizen that lives here by law. The illegal is illegal and doesn’t belong here. Let them go through the normal vetting and citizenship requirements and then we can welcome them in.

          I am insulting no one. Peter is ignorant. I am merely telling the truth.

          I have no problem with blaming companies that break our laws. I don’t believe that any one method will solve our problems so I would use them all. A Democratic slogan is ‘if one life is to be lost…’, multiple lives have been lost from just one illegal so use E-verify, build a wall, use electronics etc. You don’t care about woman except if they are raped by American citizens. When they are raped by illegals that already law breakers you don’t care at all. That doesn’t speak well for you.

          1. Go after what they come here for: jobs. It’s not the climate, cable TV, schools, health care or anything else. There isn’t any dispute about this. When they are interviewed, they all say they are coming here to work. Where do they get the jobs, and who are their biggest employers? Mostly Republican-owned big hotel and restaurant chains, and other businesses that rely on cheap labor. Go after them. They are the root-cause of the problem. They are the bait that attracts them. It’s like raccoons getting into your trash. So long as you put it outdoors and don’t secure the can so they can’t get into it, they’ll keep coming. If hiring an illegal resulted in a $50K fine for the first offense, plus the cost of deportation, and mandatory jail time and a bigger fine for second and subsequent offenses, Illegal immigration would stop immediately, and many of them already here would have no choice other than to return home. Also, there could be a requirement for apartments, schools and hospitals to require proof that someone is not illegal before providing services, or face fines and penalties. It wouldn’t be hard to stop the problem, but too many wealthy and powerful are getting rich.

            I agree that people can’t just decide to come to the U.S. and live here just because they want to and because they can have a better life, but I do have a problem with the lies about the root cause and failure to address it, lies about the illegals committing crimes and lies about how most drugs get into this country.

            1. “Go after what they come here for: jobs.”

              I have only bothered to read the first sentence. I stopped when she blamed Republicans without any data.

              I agree with going after their jobs and since Nutacha believes they are not after anything but jobs we can very easily refuse them all entitlements along with schooling for their children along with any other shared costs. Unfortunately a lot of the jobs taken aren’t easy to monitor so a good policy is to try and keep them out of the country in the first place.

              Maybe we should make the employers responsible for all costs to the community and for those illegals where one can not find the appropriate employer dividing their costs up between all the empoloyers including the costs involved in the program legal and otherwise. Do you find that an acceptable method Natacha?

                1. 50%? I say consider it as proceeds of a crime (unlawful entry, forgery of government documents such as SSA, and green cards) and take it all as a forfeiture.

                  1. Which “remittances” are you going to take? How would you verify that any particular funds sent overseas are “remittances” — assuming of course you can clearly identify what a “remittance” is defined as?

                    to darren

                2. Mespo, I am not sure how remittances can ultimately be controlled by the US since I think third parties would be able to thwart what you want if your tax is too high.

                    1. As you drive up the price it becomes profitable for a third party to enter into the exchange. That can happen in many fashions.

                      I remember when the British could only take so many pounds out of Brittain. It was not uncommon to pay for an American’s stay in Britain and then get reimbursed on their trip to America.

                3. Temporary “Guest Workers.” That’s the ticket. No future. No citizenship. No vote. No harm, no foul. Enjoy your opportunity to make lots of money then go home. Americans work as temporary guests in foreign countries all the time.

        3. “Fences and walls won’t stop them, but the prospect for no work would. Big companies not only intentionally hire them, they have plans in place for when ICE shows up. They rely on cheap, illegal labor. Illegals don’t file as many worker compensation or unemployment claims, they don’t complain about sexual harassment or race discrimination. ”

          Yes. But not only do illegals provide cheap labour…..and our lawmakers are in COLLUSION with Industries by allowing Hospitals and other medical industries to import for labour, Nurses and other Allied Health workers to keep the pay rates falsely low. There are lots of American Nurses and Allied Health workers who have been usurped by imported…(supposedly legally at the insistance of Big Industry) workers. All they need say is SHORTAGE (whether true or not) and even if there IS a shortage….many positions go unfilled DESPITE the availability of workers. It is a working lie of omission.So don’t blame the uneducated immigrants …blame your representatives for their part in this Shitstorm. You can blame them also when you realize that the quality of our healthcare has been eroded over the past 20 years even as the CEO’s and shareholder profits have exploded. Hopefully you (or your children) won’t be actively in need whern this light dawns…..

          1. “There are lots of American Nurses and Allied Health workers who have been usurped by imported…”

            Becka, you could be talking about H-B1 status commonly used by big companies such as Microsoft and Google both controlled by supporters of Democrats. It sounds like you are a Nurses Aid or some other position in the healthcare industry that is bitten and complains but only cares about those things that affect her personally. No principles involved.

      2. Allan:

        Emergencies and non-emergencies are defined like a recession and depression. Reagan analogized it this way: “A recession is when your neighbor loses his job …. A depression is when you lose yours.”

        JT still has his job.

        1. Mespo, unless Professor wants to pick grapes, bus tables or tar roofs, his job is scarcely threatened by undocumented immigrants.

      3. Alan, you are going so far over the top, that you are becoming a caricature of your former self. And your former self was always prone to heightened rhetoric.

        I suspect you realize this ‘is’ a bogus crisis. And that’s precisely ‘why’ you are using such extreme language. Just keep in mind that when you keep going over the top, you have nowhere left to go. You’ve basically shot your wad.

        1. Peter writes: “this ‘is’ a bogus crisis. ”

          Unaccompanied apprehensions increase from Jan2018 to Jan 2019 southwest border:

          Alien Children 40% increase
          Families 290% increase

          Time for you to start using the government’s own websites instead of the leftist trash you read on a daily basis.

        2. “you are going so over the top”

          Decided: Peter Shill is a FTM so ammped up on Estrogen shots that shim can only act on sher histrionics to compensate for not getting laid….


          Oh wait…Saul Alinsky playbook of Dangerous Rules for Radicals

          how unoriginal for a David Brock paid troll

          Power is not only what you have but what the enemy thinks you have.”
          “Never go outside the expertise of your people.”
          “Whenever possible go outside the expertise of the enemy.”
          “Make the enemy live up to its own book of rules.”
          “Ridicule is man’s most potent weapon.”
          “A good tactic is one your people enjoy.”
          “A tactic that drags on too long becomes a drag.”
          “Keep the pressure on.”
          “The threat is usually more terrifying than the thing itself.”
          “The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition.”
          “If you push a negative hard and deep enough it will break through into its counterside.”
          “The price of a successful attack is a constructive alternative.”
          “Pick the target, freeze it, personalize it, and polarize it.”


          1. “Peter, time to read up. we have 30 national emergencies at hand right now”

            Kurtz, Peter doesn’t read up. He invents stories instead.

        3. lets look at some other emergencies that were declared.. the last one is plenty reasonable i think. what do you think?

          Ended Wilson February 5, 1917[5] March 3, 1921[6] Emergency in Water Transportation of the United States (Proclamation 1354)[5]
          Ended Franklin Roosevelt March 9, 1933[7] September 14, 1978[8] Declaring Bank Holiday (Proclamation 2039)[9] – Declared a bank holiday from March 6 through March 9, 1933, using the Trading with the Enemy Act of 1917 as a legal basis.[7] The first of four emergencies cited by Senate Report 93-549 as never having been terminated.[7]
          Ended Roosevelt February 28, 1935[7] February 10, 1936[7] Dealt with the agriculture industry via the Cotton Control Act.[7]
          Ended Roosevelt September 8, 1939[10] April 28, 1952[10][7] Proclaiming a National Emergency in Connection with the Observance, Safeguarding, and Enforcement of Neutrality and the Strengthening of the National Defense Within the Limits of Peace-Time Authorizations[11] (Proclamation 2352)
          Ended Roosevelt May 27, 1941 April 28, 1952[10][7] Proclaiming That an Unlimited National Emergency Confronts This Country, Which Requires That Its Military, Naval, Air and Civilian Defenses Be Put on the Basis of Readiness to Repel Any and All Acts or Threats of Aggression Directed Toward Any Part of the Western Hemisphere[12] (Proclamation 2487)[10] – declaration of an unlimited national emergency under threat from Nazi Germany.[13]
          Ended Truman December 16, 1950[7] September 14, 1978 Proclaiming the Existence of a National Emergency (Proclamation 2914)[14] – declared that the United States’ “military, naval, air and civilian defenses” should be used to fight communism as part of the Korean War.[15] The second of four emergencies cited by Senate Report 93-549 as never having been terminated.[7]
          Ended Nixon March 23, 1970[7] September 14, 1978 Declaring a National Emergency[16] (Proclamation 3972)[16] – declaration in response to the 1970 United States Postal Service strike. The third of four emergencies cited by Senate Report 93-549 as never having been terminated.[7]
          Ended Nixon August 15, 1971[7][17] September 14, 1978 Imposition of Supplemental Duty for Balance of Payments Purposes (Proclamation 4074)[17] – imposed import controls in response to the Nixon shock. The last of four emergencies cited by Senate Report 93-549 as never having been terminated.[7]
          Current Carter November 14, 1979 Sanctions[18] Blocking Iranian Government Property[19] (Executive Order 12170)[19] – ordered the freezing Iranian assets as part of the U.S. response during the Iran hostage crisis[4]
          Further Prohibitions on Transactions with Iran (Executive Order 12211) – prohibitions revoked on January 19, 1981, but national emergency left in effect and neither terminated nor continued[20]

          Ended Reagan October 14, 1983 December 20, 1983 Trade[18] Continuation of Export Control Regulations (Executive Order 12444)[20] – expiry of the Export Administration Act of 1979
          Ended Reagan March 30, 1984 July 12, 1985 Trade[18] Continuation of Export Control Regulations (Executive Order 12470)[20] – expiry of the Export Administration Act of 1979
          Ended Reagan May 1, 1985[21] March 13, 1990[22] Sanctions[18] Prohibiting Trade and Certain Other Transactions Involving Nicaragua (Executive Order 12513)[21] – The United States embargo against Nicaragua,[23] followed the victory by Sandinista candidate Daniel Ortega in the 1984 Nicaraguan general election over the U.S.-backed Contras
          Ended Reagan September 9, 1985 July 10, 1991 Sanctions[18] Prohibiting Trade and Certain Other Transactions Involving South Africa (Executive Order 12532)[20] – response to the initial attempt by Senate Democrats to pass what would be the Comprehensive Anti-Apartheid Act of 1986
          Ended Reagan January 7, 1986 September 20, 2004 Sanctions[18] Prohibiting Trade and Certain Transactions Involving Libya (Executive Order 12543)[20] – followed the 1985 Rome and Vienna airport attacks
          Ended Reagan April 8, 1988 April 5, 1990 Sanctions[18] Prohibiting Certain Transactions with Respect to Panama (Executive Order 12635)[20] – deteriorating relationship between the U.S. and General Manuel Noriega
          Ended Bush (H.W.) August 2, 1990 July 29, 2004 Blocking Iraqi Government Property and Prohibiting Transactions with Iraq (Executive Order 12722)[20] – in response to the invasion of Kuwait
          Ended Bush (H.W.) September 30, 1990 September 30, 1993 Continuation of Export Control Regulations (Executive Order 12730)[20] – expiry of the Export Administration Act of 1979
          Ended Bush (H.W.) November 16, 1990 November 11, 1994 Chemical and Biological Weapons Proliferation (Executive Order 12735)[20] – followed the signing with the U.S.S.R. of the 1990 Chemical Weapons Accord, and preceded the May 1991 commitment by George H.W. Bush to destroy weapon agents, systems, and production facilities of the United States chemical weapons program
          Ended Bush (H.W.) October 4, 1991[24] October 14, 1994[25] Prohibiting Certain Transactions with Respect to Haiti (Executive Order 12775)[20] – followed the 1991 Haitian coup d’état against President Jean-Bertrand Aristide. Re-declared by Clinton on May 7, 1994 (Executive Order 12914)[26]
          Ended Bush (H.W.) May 30, 1992 May 28, 2003 Blocking “Yugoslav Government” Property and Property of the Governments of Serbia and Montenegro (Executive Order 12808)[20] – in response to the start of the Bosnian War
          Current Clinton November 14, 1994[27] Arms[18] Proliferation of Weapons of Mass Destruction[28] (Executive Order 12938)[29] – provides for control over the export of weapons;[27] combined two previous national emergencies regarding WMDs.[4]
          Current Clinton January 23, 1995[30] Sanctions[18] Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process (Executive Order 12947) – imposed economic sanctions on Specially Designated Terrorists, including the ANO, Hezbollah, the DFLP, Hamas, and the PFLP.[30]
          Current Clinton March 15, 1995[31] Sanctions[18] Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources[4] (Executive Order 12957)[31] – intended to prevent a business deal between Iran and Conoco.[32]
          Current Clinton October 21, 1995[4] Sanctions[18] Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Executive Order 12978)[33] – declared in response to Colombian drug cartels using American companies to launder money.[4]
          Current Clinton March 1, 1996[4] Maritime[18] Declaration of a National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels (Proclamation 6867)[34] – implemented following the destruction of two civilian aircraft by the Cuban military on February 24, 1996.[35]
          Ended Clinton May 20, 1997 October 7, 2016[36] Sanctions[18] Prohibiting New Investment in Burma (Executive Order 13047)[37]
          Current Clinton November 3, 1997[4] Sanctions[18] Blocking Sudanese Government Property and Prohibiting Transactions With Sudan[38] (Executive Order 13067)[38] – established a trade embargo against Sudan, specifically targeting the Sudanese government.[39]
          Ended Clinton June 9, 1998[40] May 28, 2003[41] Sanctions[18] Blocking Property of the Governments of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the Republic of Montenegro, and Prohibiting New Investment in the Republic of Serbia in Response to the Situation in Kosovo (Executive Order 13088)[40] – declaration of a national emergency during the NATO bombing of Yugoslavia.[42]
          Ended Clinton January 18, 2001[43] January 15, 2004[44] Prohibiting the Importation of Rough Diamonds From Sierra Leone (Executive Order 13194)[43]
          Current Bush June 26, 2001[4] Sanctions[18] Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans[45] (Executive Order 13219)[46] – intended to combat extremist Albanian insurgents operating in North Macedonia and limit obstruction of the Dayton Accords. Amended on May 28, 2003 (Executive Order 13304) following the Ohrid Agreement, signed in 2001.[47]
          Current Bush August 17, 2001 Trade[18] Continuation of Export Control Regulations (Executive Order 13222)[48] – reasserted presidential control of exports of “defense articles” following the expiration of the Export Administration Act of 1979 in 1994.[4] Amended on March 8, 2013 (Executive Order 13637)[49] to delegate authority provided by Section 38 of the Arms Export Control Act from the president to the Secretary of State.[50]
          Current Bush September 14, 2001[4] Military[18] Declaration of National Emergency by Reason of Certain Terrorist Attacks (Proclamation 7463)[51] – the first of two national emergencies declared following the September 11 attacks, allowing the president to call troops from the National Guard or from retirement, to apportion military funding, to exercise more discretion over hiring military officers, and to promote more generals than previously allowed.[52][53]
          Current Bush September 23, 2001[54] Sanctions[18] Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism (Executive Order 13224)[53] – the second of two national emergencies declared following the September 11 attacks,[55] allowing the State and Treasury departments (through the Treasury’s Office of Foreign Assets Control) to designate entities as terrorists and apply economic sanctions. Due to the order’s broad language, its scope has grown over the years to become one of the Treasury’s “cornerstone sanctions programs” in fighting terrorism worldwide.[53] Amended on July 2, 2002 (Executive Order 13268)[56] to include the Taliban, and on January 23, 2003 (Executive Order 13284)[57] to integrate the newly-created position of Secretary of Homeland Security into the order’s process.
          Current Bush March 6, 2003[58] Sanctions[18] Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (Executive Order 13288)[58] – imposed economic sanctions on Zimbabwe president Robert Mugabe and 76 other government officials[59] following years of rigged elections and a recent food shortage,[60] echoing similar sanctions imposed the previous year by the European Union.[61] Amended on November 22, 2005 (Executive Order 13391)[62] to revise the EO’s annex listing the individuals targeted with sanctions.
          Current Bush May 22, 2003 Legal[18] Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest (Executive Order 13303)[63] – granted the Development Fund for Iraq, established the same day, legal protection in the wake of the invasion of Iraq and amidst the Iraq War.
          Current Bush May 11, 2004 Sanctions[18] Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (Executive Order 13338)[64] – imposed mostly symbolic economic sanctions on Syria,[65] grounding all flights between the two countries, banning all exports to Syria but food and medicine, and freezing some Syrians’ assets.[66]
          Ended Bush February 7, 2006[67] September 14, 2016[68] Sanctions[18] Blocking Property of Certain Persons Contributing to the Conflict in Côte d’Ivoire (Executive Order 13396)[67]
          Current Bush June 16, 2006 Sanctions[18] Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (Executive Order 13405)[69] – imposed sanctions, including a travel ban, on Alexander Lukashenko after Belarus’s crackdown on peaceful protests against the recent presidential election and following similar sanctions by the European Union.[70]
          Current Bush October 27, 2006 Sanctions[18] Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (Executive Order 13413)[71] – imposed economic sanctions on DRC government officials amidst widespread violence taking place during runoffs for Congo’s first free election in decades.[72]
          Current Bush August 1, 2007 Sanctions[18] Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions (Executive Order 13441)[73] – imposed sanctions intended as a warning to Syria and Hezbollah, months after a similar travel ban, during widespread unrest in the country, and out of concern over rifts between prime minister Fouad Siniora and president Émile Lahoud.[74][75]
          Current Bush June 26, 2008 Sanctions[18] Continuing Certain Restrictions With Respect to North Korea and North Korean Nationals (Executive Order 13466)[76] – retained “certain restrictions” on North Korea as the United States removed North Korea from its list of state sponsors of terrorism and as North Korea publicly declared its nuclear program.[77]
          Ended Obama October 23, 2009[78] October 23, 2010[79] Public health[18] Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic (Proclamation 8443)[78] – empowered the secretary of Health and Human Services to issue waivers allowing overcrowded hospitals to move swine flu patients to satellite facilities or other hospitals.[80]
          Current Obama April 12, 2010[27] Sanctions[18] Blocking Property of Certain Persons Contributing to the Conflict in Somalia (Executive Order 13536)[81] – intended to help combat Somali pirates.[4]
          Current Obama February 25, 2011 Sanctions[18] Blocking Property and Prohibiting Certain Transactions Related to Libya (Executive Order 13566)[82] – imposed sanctions on Muammar Gaddafi, his family, and Libyan officials after protestors were killed by government forces, including freezing assets and consideration of prosecution for war crimes.[83]
          Current Obama July 24, 2011[84] Sanctions[18] Blocking Property of Transnational Criminal Organizations (Executive Order 13581)[84] – levied sanctions against four criminal organizations—Los Zetas, the Brothers’ Circle, the Yakuza, and the Camorra—including freezing assets, barring ownership of American real estate, and implementing travel bans.[85]
          Current Obama May 16, 2012 Sanctions[18] Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (Executive Order 13611)[86] – intended to counter unrest in Yemen in the aftermath of the Yemeni Revolution.[4]
          Ended Obama June 25, 2012[87] May 26, 2015[88] Sanctions[18] Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons (Executive Order 13617)[87] – imposed sanctions on Russia over the disposal of highly enriched uranium.
          Current Obama March 6, 2014[89] Sanctions[18] Blocking Property of Certain Persons Contributing to the Situation in Ukraine (Executive Order 13660)[89] – imposed sanctions, including restricting visas, in concert with the European Union and the international community against Russia after its invasion and occupation of Crimea.[90][91] Amended on March 16, 2014 (Executive Order 13661),[92] March 20, 2014 (Executive Order 13662),[93] and December 19, 2014 (Executive Order 13685)[94] to expand the scope of sanctions.
          Current Obama April 3, 2014[27] Sanctions[18] Blocking Property of Certain Persons With Respect to South Sudan (Executive Order 13664)[95] – enabled economic sanctions to be placed due to the civil war in South Sudan; sanctions were first imposed a month later.[96]
          Current Obama May 12, 2014 Sanctions[18] Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (Executive Order 13667)[97] – imposed sanctions against former Central African Republic president François Bozizé, following similar sanctions placed on Bozizé by the United Nations Security Council the previous week;[98] also contains provisions against the use of child soldiers.[27]
          Current Obama March 8, 2015 Sanctions[18] Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Executive Order 13692)[99] – imposed sanctions on seven high-ranking Venezuelan government officials, including SEBIN director Gustavo Enrique González López, PNB director Manuel Perez, and CVG head Justo Noguero.[100][101]
          Current Obama April 1, 2015 Sanctions Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (Executive Order 13694)[102] – intended to allow sanctions to be levied on foreign individuals determined by the Department of the Treasury to have engaged in cyber-crime or cyber-terrorism; was in the works for two years.[103]
          Current Obama November 22, 2015[104] Sanctions[18] Blocking Property of Certain Persons Contributing to the Situation in Burundi (Executive Order 13712)[104] – imposed sanctions on four Burundi nationals—minister of public security Alain Guillaume Bunyoni, National Police of Burundi deputy director-general Godefroid Bizimana, Godefroid Niyombare, and Cyrille Ndayirukiye—in the wake of widespread unrest.[105]
          Current Trump December 20, 2017 Sanctions[18] Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption (Executive Order 13818)[106] – imposed sanctions due to the Rohingya conflict in Myanmar, specifically against general Maung Maung Soe;[107] works in tandem with the Global Magnitsky Human Rights Accountability Act.[27]
          Current Trump September 12, 2018[27] Sanctions[18] Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election (Executive Order 13848)[108] – intended to enable automatic sanctions in response to election interference;[109][110] intelligence agencies are given 45 days after an election to assess any possible interference.[27]
          Current Trump November 27, 2018 Sanctions[18] Blocking Property of Certain Persons Contributing to the Situation in Nicaragua (Executive Order 13851)[111] – announces certain sanctions against current and former Daniel Ortega government officials engaging in human rights abuse or corruption.[112]

          Current Trump February 15, 2019 Military[18] Declaring a National Emergency Concerning the Southern Border of the United States (Presidential Proclamation) – seeks to allocate funds to build a wall on the southern border of the United States, which the order calls a “major entry point for criminals, gang members, and illicit narcotics” into the United States.[113][114][115]


  4. Invoking “Emergency Powers,” Comrade President and “Dear Leader,” Franklin Delano Roosevelt, correctly countered a potential Japanese invasion. President Trump is countering a massive decades-long, criminal, Mexican and other, hyphenate invasion. You may not know, the Great State of California used to be beautiful.

    “President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. The U.S. Supreme Court upheld this order in Korematsu v. United States.[48]”

    – Wiki

  5. Justice Oliver Wendell Holmes once said, “If my fellow citizens want to go to hell, I will help them. It is my job.”

    – Professor Turley

    Sorry, Justice Homes, you and your successors have but one job and that is to “…declare all acts contrary to the manifest tenor of the Constitution void.”

    “Go(ing) to hell,…” and going to the principles of the Communist Manifesto are unconstitutional. As one example, taxing for “…general Welfare…” is constitutional and the “manifest tenor,” while taxing for “…individual Welfare…” or any form of redistribution of wealth is unconstitutional – Article 1, Section 8.

    “…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”

    “[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”

    – Alexander Hamilton

  6. a former Democratic Congressman from Ohio named James Trafficante warned many times about excessive delegation of powers to the executive and agencies, and the creeping imperial powers of the Presidency.

    The Democrats especially hated their fellow Democrat. They they called him a nut, and an anti-semite, mocked his hairstyle, and railroaded him on weak corruption & tax evasion charges. Sound familiar? See how that works?

    1. James Traficant. Whistle! Those were the days when watching C-SPAN was entertaining and eye opening. Now watching Congress in Session… not so much

  7. “Congress could not have been more clear where it was heading. It put itself on the path to institutional irrelevancy, and it has finally arrived.”

    This is at the crux of the issue. All one has to do is look at the budgetary process. Congress can’t even pass budgets. Congress has permitted the President the right to use executive orders to pass things Congress is responsible for and the Courts to create laws that do not exist.

  8. Illegal immigration hurts the lower middle class not the business and apartment house owners by keeping wages low, and the vacancy factor at or near zero causing rents stay high the slum lords love it/

  9. I am not so sure the Court will back Trump, but not because they say the wall is not an “emergency” situation. I think the key will be about “appropriated”. The House may have standing as a plaintiff, but that won’t be enough. They’ll be more slick than that. It may look, at first glance, that these funds are just floating out there for Trump to use as he wants. But a slippery and even ludicrous case can be made that Congress had some particular Bozo in mind for these funds, and it can be enough for some Federal Judge to grant standing for such a plaintiff. Once that happens, an injunction will follow. Count on it. Trump will try for the Supreme Court to grant an immediate appeal, bypassing the often years-long process – as in the current Citizens question for the 2020 census. But he’ll probably lose on that. Unlike the census question, the Court may not find the kind of “emergency” needed to accelerate the case. Which means the longer the injunction stands, the weaker Trump’s position becomes.

  10. “I do not agree there is a national emergency on the southern border, but I do believe President Trump will prevail.”
    Of course he will because he’s already won. He’s getting the wall, thumbing his nose at the obstructionists and putting the Dems in the position of defending a border invasion in 2020. Win-win-win!

    On the of a crisis at the border question, whose word is better on the topic — Trump and the Border Patrol or Pelosi and the Defeat-acrats?

      1. Jay S, Doesn’t 29 million illegals breaking our laws and thousands at the border pushing their way in not qualify as an “invasion”?

      2. Yes, he is the Chief, and we are the Indians. If he says there is a problem then there is.

        That’s how leadership works.

    1. Mespo, I agree with you. The Democrats have no credibility. Our Congress has no credibility. I ask.

      What is a term that one would easily link to national emergency? War. Why? National sovereignty is at stake. The lack of border security is placing our national soveriegnty at risk. Therefore we must act and as President, Trump is building a wall. Congress can now take up the reigns and protect our nation.

    2. Haha. He said “BORDER INVASION” as if it was anything more than a punchline for those of us who can read.

      to mespo

  11. There is a problem with a U.S. boarder wall in Central America. “Statutory Rape Crisis” and baby factory in Central America.

    The ages of consent in the countries of Central America range from 14 to 18. The penalty for statutory rape of a girl over 13 but under 15 is five years’ imprisonment; under 13 it is life imprisonment.

    Yes. Male family, relatives & friends of age 30 & older are getting teenage girls pregnant.

    Guess who’s crossing the U.S. boarder?

    1. I regret to inform you, sir, that your message is fatally diluted by your readily-apparent confusion regarding the barrier at issue. In the spirit of helping the less fortunate, I have taken the liberty to provide certain definitions: “Boarder”: one that is provided with regular meals or regular meals and lodging. “Border”: an outer part or edge. While I can’t be sure which you refer to due to the pervasive incoherence of your post, I will provisionally assume you’re actually attempting to discuss the second example?

      to “what does good spellin’ gitcha anyway?” perry

  12. The president said it himself. He didn’t have to declare a national emergency! The only reason he will win is at SCOTUS IS because the new members of SCOTUS have promised him their fealty! THIS IS A SAD DAY FOR DEMOCRACY.

    1. Holmes, you make all sorts of crazy assumptions. These judges Trump appointed have their own minds. They are not like Democrats that are all part of the Borg.

  13. A wall is necessary considering the massive numbers of undocumented immigrants pouring in from the southern border. Also needed is a homeland for these desperate people who have been terrorized out of their native countries by US-made guns, and US and European exploitation of their resources.

    “Israel” should be a homeland for all desperate refugees who have been terrorized by others. Alternatively, land elsewhere needs to be given to these refugees just as it was given to European and Russian refugees following WWII.

    1. Who gives whom whose land, Sam?

      Who has been scratching Sam’s head for Sam for Sam’s whole life thus far?

    2. Samantha, do you realize how many young strong men are trying to invade our borders? They could stay at home, revolt and turn their government’s over just like the Americans did against the greatest power of the world, Britain.

      Israel won their right to exist. Around 800,000 Jews (men, women, children, elderly and infirm from the war and Holocaust) fought the surrounding enemy of hundreds of millions of Arabs being attacked from all three sides by mechanized armies and airforces while Israel was deprived of all these modern parts of warfare. Additionally on leaving the area the British turned over the forts and instruments of war to the Arabs. The Jews predominantly started only with weapons buried in the sand after WW2 (the British didn’t permit them to have weapons) The true number of Jewish “soldiers” was quite small to fend off the attacks from Egypt, Jordon, Syria and lebanon. Iraq also joined the Arab coalition as did many other Arab nations though not necessarily with armies. The surround population was huge compared to the tiny number of Jews occupying a tiny space.

      “Israel” should be a homeland for all desperate refugees who have been terrorized by others. ”

      This type of comment demonstrates what a disgusting person you are.

      1. there is an interesting story about the earliest Israeli air force which was essentially a hodgepodge of Czech Messerschmidts, that they were able to cobble together quickly,. guy named Lou Lenart, and they stopped an offensive somehow, so, even a little bit of air cover can make a big difference

        1. Yes, after the war started by the Arabs a fact conceded by al Husseini the Czech’s contributed some armaments to what became the Israeli army and they got a few planes and some American pilots from from WW2 volunteered to fly at least some of them. The Israeli’s didn’t have enough guns to arm all their fighting force. I think Jordon at the time had one of the worlds best air forces. The Egyptians came over with loads of troops and tanks something the Israelis I don’t think had. If you are trying to insinuate that the Israeli airforce created during the war in any way or manner ws the quivalent to the Jordanian airforce, don’t. Think of the Israeli airforce created after the war started to be a decimal point facing the airforces of all those other nations.

  14. No national emergency on the Southern border? Holy cow, Professor, how much worse does it need to get before you take off the blindfold? We have an estimated 12-20 million illegals in the U.S., busting the education, law enforcement and health care budgets in many states. Diseases like T.B. which were once virtually eradicated in the U.S. are now so rampant in CA that residents in L.A. and S.F. are cautioned to wear surgical masks on city busses. The opioid crisis is fueled by drug cartels smuggling fetenal, as well as heroin and meth in from Mexico. The Central American caravans have been found to include MS-13 gang members, as well as Muslims from the Middle East and Africa. Guns are smuggled from Mexico to gangs and drug cartels in the U.S. California’s public school system was once a national model. Now it lags toward the bottom, with 62 languages spoken in L.A. County schools alone. And while it’s true that an illegal hasn’t taken YOUR job, it’s a whole different story for construction workers, building trades and landscaping which are virtually all Hispanic, and in retail, restaurant and most service jobs, you will be at a distinct disadvantage in hiring if you don’t speak Spanish. Enjoy your bubble while you can! 🙉🙈🙊

      1. Becka, that is not a very intelligent comment. Tell us what information was refuted and how.

        Now you can run away again.

    1. Kitty, you are correct, but just in case you didn’t see the prior article and Yale study the number of illegals from that study was 16-29 million with a 22.1 mean.

    2. And actual Americans pay taxes for every comfort of the criminal aliens; to coddle the illegal invading hyphenates and even to compensate for their inability to speak the language of America, English. If you fly airplanes, you need to speak English but if you criminally invade America, you don’t need to speak English.

  15. The only effective solution to illegal immigration is an E-verify system. That will not happen because the ruling class wants cheap labor and new consumers.

    The WALL is intended to cement Trump’s political base for the 2020 election.

    1. Mr. McWilliams, does the E-verify system involve implanting microchips underneath the skin of foreign citizens? And US citizens, too? If so, then I would predict an underground market for counterfeit E-verify microchips. Evidently there’s a problem with every solution.

      1. Billmc, Diane is telling you that your ideas are totally correct except that the illegals will come anyway so the wall is necessary.

        1. There’s still a problem with every solution, Sluggo. And Trump not actually going to build his boondoggle wall, anyhow.


          E-Verify is a United States Department of Homeland Security (DHS) website that allows …… An article describing defects, problems, and dangers of the E-Verify system and its use. The Problem with E-Verify The American Civil Liberties Union …

          1. “There’s still a problem with every solution, Sluggo. And Trump not actually going to build his boondoggle wall, anyhow.”

            The wall is being built as we speak.

              1. Prove what? I assume the wall. There are pictures of the wall being built and repaired. Do you think those pictures were taken in Hollywood?

                1. How many miles of wall being built did the panaoramic camera (it was a panoramic camera one presumes) show you, O Sluggo of too much faith in A Mere Man?

                  1. Diane, the building has been going on for years and today we repair and extend the wall t specific places. It’s a slow process because the Democrats and people like you don’t care about our national security or or families where workers have to compete with much lower priced illegals 16 million to 29 million of them after Reagan provided amnesty to those that were already here with a pledge that such amnesty would end illegal immigration.

                    There is a large chance Trump will get more money for the border wall and it will procede faster. Those that hate America or don’t care about the American worker will fight such an expansion tooth and nail though in your case it might just be with nail alone.

    2. Never mind, Bill. The inner-web says that the E-verify system is an electronic identification card for US citizens only. Sorry for asking.

      1. Excerpted from the Wikipedia article linked above:

        E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. or foreign citizens, to work in the United States.

      2. Also excerpted from the Wikipedia article linked above:

        Chris Calabrese of the American Civil Liberties Union opposes E-Verify, citing concerns that it could expand into an onerous national ID system: “Employers are not police officers, except in this one context where we suddenly want them to be law enforcement agents who are going to police their workforce.”

        The American Farm Bureau Federation opposes E-Verify and stated in July 2011 that it “could have a significant, negative impact on US farm production, threatening the livelihoods of many farmers and ranchers in labor intensive agriculture.”

      E-Verify and E-Verify services are currently unavailable due to a lapse in government appropriations.


      E-Verify Accounts Inaccessible
      While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to:

      Enroll in E-Verify;
      Create an E-Verify case;
      View or take action on any case;
      Add, delete or edit any user account;
      Reset passwords;
      Edit company information;
      Terminate accounts; and
      Run reports.
      Also, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).


    4. It is compassionate to allow people to temporarily work as “Guest Workers” in America. It it stupidity to make “Guest Workers” citizens and give them the vote. Democracies have, since the Greeks et al., always been restricted-vote republics with citizens “entitled” to vote by meeting criteria. That’s what the Founders intended and failed to codify. The young under 21 have no sense to vote and the “poor” will “sell” their votes. Women don’t need to vote, women need to make babies…lots of babies. Americans are vanishing – the fertility rate is in a “death spiral.” Hungary recently eliminated income tax for life, for women who have at least four babies.

  16. The Chairman of the Senate Select Committee on Intelligence, Senator Richard Burr, has still not released to members of his own committee a report from the Office of the Director of National Intelligence on Russian efforts to interfere in the 2018 midterm Congressional elections. Cyber Command has reported that they helped avert hacking attacks during the 2018 midterm elections. The Department of Homeland Security has reported to Trump that the Russian interference in the 2018 midterm elections had supposedly failed to effect any of the election results. And yet, The ODNI report on the Russian interference in the 2018 midterm elections has still not been released to the members of SSCI. Why not?

    Because the Russians may very well have succeeded at hacking Senator Claire McCaskill’s campaign in just such a way as to have undermined her bid for re-election. If The ODNI report says otherwise, then why won’t Senator Burr release The ODNI report to the other members of his own committee? Is there something else in The ODNI report that Burr doesn’t want the American people to read about in the newspapers?

    Some of the American people might call ongoing Russian election interference by the name of a National Emergency. But The POTUS, Trump, is not one of those Americans.

    1. https://www.usnews.com/news/politics/articles/2018-12-21/us-report-finds-no-direct-foreign-interference-in-2018-vote
      Since her comment has nothing to do with the wall, and she opened up an off-topic subject for one of her own columns here,
      I’ve posted this link mentioning the 3 nations suspected of having an interest in influencing U.S. elections.
      Specifically the 2018 mid-terms, but there are other countries known to have “an interest” in U.S. policy and U.S. elections at other times.
      Maybe Sen. Burr is “protecting an ongoing investigation” if he has not shared the DNI Report with other Committee members.
      Every time there is mention of the lack of updates/ resolution/information after 2 1/2 years of investigation into the Russia/ Trump issue, L4B eagerly and reliably squawks about “protecting the investigation”, “Mueller does not leak”, etc.
      That DNI Report has been delivered to at least two other recipients and seems to center on potential meddling in an election held a few months ago, and L4B now selectively demands disclosure of the DNI Report so the American people can read about it in the newspaper.
      Just another opportunity for her to highlight her use of Dianese and DoubleSpeak.

      1. And now for today’s early AM pop quiz: “Like Water For Concrete”

        How many municipal water supplies are within an hour of the US/Mexico border?
        How many concrete mixing plants are located near those municipal water supplies?
        What happens to concrete that was mixed using water containing Iron Sulfide I, Iron Sulfide II, or Iron Sulfide III either as suspended or dissolved solids?
        What are the concentrations of Iron Sulfides I, II, or III in the waters of The Colorado River and The Rio Grande River?

        Extra Credit: What makes red river water red?

        Extra Special Credit: What makes The Sangre De Christo Mountains deep dark red?


        Generally, quality of water for construction works are same as drinking water. This is to ensure that the water is reasonably free from such impurities as . . .

          1. There may be reason to believe that Trump is reasonably well-versed in the use of concrete as a construction material. However, Trump may as yet be clueless on the scarcity of treated water in proximity to significant portions of the US/Mexico border as well as the over-abundance of Pyrrhotite aggregate in the same area.

            Given that most of the water and aggregate for Trump’s boondoggle wall would have to be trucked in from far afield, even while the mixing plants for that concrete would most likely have to be located within an hour or so of the construction sites–given the rather low moisture content and relative humidity of the air at those sites–one might assess with high confidence that Trump has no intention, indeed, never had any intention, of actually building his concrete boondoggle wall across the portion of The Sonoran Desert that traverses the lands of The Gadsden Purchase.

            Shhhhush–Don’t tell Trump’s cult worshippers. Make them figure it out for themselves.

    2. Obama said the Russians were no threat.
      Trump has used military action and economic sanctions against Russia and Putin’s friends in an attempt to sstop their interference everywhere.

      Whose playing games with the Russians? The Democrats. Who sold the Uranium? Hillary Clinton.

      1. Well, if Obama said that, he was mostly correct, and most of the sanctions are pointless. Trump was forced to enact the additional overbearing and pointless sanctions.

        Nonetheless, the Democratic stay behind teams in FBI and DOJ and saboteurs and seditionists like McCabe, tormenting Trump in the name of Russian collusion, are mostly just all acting on a completely false pretext. I am not an expert on Uranium one but Uranium is a very abundant resource and the Russians have tons of it to say nothing of plutonium so I have never quite figured out what that was supposed to be about.

        1. Kurtz, as I said before your knowledge of Russia is wanting. I believe China to be a bigger threat, but the US cannot retreat behind its own borders. The actual effect on our actual votes was zero. When Trump came to office I thought our problems with Russia could be marketdly reduced but the Democratic pointless accusations and claims made our relationship worse. The Democrats don’t care about America and are willing to go to war for more votes or lose American sovereignty over its borders for more votes.

          Uranium isn’t uncommon as small amounts can even reside in seawater but the problem is availability of mineable uranium yielding high purity. It’s similar in nature to the rare earth elements that China seems to be developing a monopoly of. Once again it is avalailability as we have almost all or all of those rare earth elements in our mountains etc. The value is assessed in economics, time and other variables. The Uranium One deal was important to our national security and perhaps to a lesser extent involves economic and criminal concerns.

          The Uranium One deal amounted to an exchange of 20% of US production of Uranium in a business deal and the Clintons got $145 Million dollars for the deal.

      2. Haha. “Uranium.” Please post more materials Just. Like. This. Pro tip: whomever sold you this poppycock thinks you’re a moron, too.

        this is to “I’ve got the skinny on Bigfoot, also” allan / allen

        1. AS usual Mark replies without saying anything and demonstrates his limited knowledge of the affairs of state. Mark doesn’t even know about the Uranium One deal that has been written about over and over again. Should we call him stupid? His replies certainly are.

    3. “Some of the American people might call ongoing Russian election interference by the name of a National Emergency. But The POTUS, Trump, is not one of those Americans.”

      Yup, some of us may call the rolling back of environmental protections in light of Climate Change a National (and Global) Emergency…but Grumpus doesn’t believe that either.

      I just wonder, are we gonna cook all these scary intruders in mass ovens or put them in holding cages while we work them to death? Just wondering…..

  17. Now that on January 18, 2018 the U.S. Office of Special Counsel (OSC) has referred my 5 U.S.C. § 1213 danger disclosure—reopened my complaint closed by OSC in 2006—regarding the fact that there are no secondary barriers to protect cockpits when they are unlocked in flight; Congress passed a terrible law last year telling terrorists to rush the unlocked cockpits all aircraft built before October 2019; and recently Congress passed a bill (H.R. 911) to fix last year’s reckless law—an international emergency exists that cockpits are still 100% vulnerable to rush, bullet, and fentanyl or carfentanil attacks.

    Remember: Trillions of dollars and countless lives were killed all due to cockpit doors routinely unlocking without secondary barriers.

    From 2003 to 2009, the Department of Homeland Security withheld the fact that its July 26, 2003 warning document stated al Qaeda was again going to exploit unlocked, unprotected cockpits.

    Southwest, JetBlue, and several other airline companies don’t have drink-carts for attackers to simply vault over and breach unlocked cockpits: https://youtu.be/keKf2un03wI

    Given all of the publicity, it’s time now for the President to order the immediate deployment of Installed Physical Secondary Barriers on ALL jets—new and OLD. After all, President Bush issued a similar order on January 11, 2002 that the airlines and the Federal Aviation Administration failed to fully implement: cbsn.ws/2m0vXK5

    Turley weighed in on my case in 2006 on CNN: youtu.be/XGjhEErPlFY

    Robert J. MacLean
    January 21, 2015 U.S. Supreme Court affirmation: DHS v. MacLean
    Twitter: @rjmaclean

    1. Robert, thank you so much for your information (I seem to remember the story) and I hope you keep us informed. I saw the video and it is worthwhile to see. I am surprised the video hasn’t received more attention.

      Unfortunately our federal bureaucracy uses all sorts of methods including ‘top secret’ classification to keep them from embarrassing themselves and to keep the money flowing from lobbyists to our leaders which wouldn’t exist if certain secrets were released.

      I hope you have found satisfactory employment and I urge you to push on.

  18. “I do not agree there is a national emergency on the southern border”

    Professor Turley, of course you don’t. Like most upper middle class (or wealthy) individuals, you live in an exclusive world. Your kids go to good schools which are not overrun with illegal aliens, the hospital in your neighborhood the same and the quality of your daily life is not greatly effected.

    You might feel differently if you were working class and your wages had been driven down by the illegals’ competition or the quality of live had been altered.


    1. Antonio I agree with your statement of how illegasls have affected citizens, but it isn’t a wall that will correct this. It is implementing solid and consistent policies that have been ignored for years and go without implementation by our warring internal parties. Most immigrants do not cross illegally. They come legallly and STAY illegally. And they travel better than I can afford to thanks to systemic crimes that are being ignored by the entrenched to protect their own creepy private profiteering. Most of the people trying to come over the borders are fleeing horrible situations…we used to be ‘Great’ enough and compassionate enough to be of some help to them.

      1. @Becka G

        I agree that the wall is only a partial solution. Other solutions include a visa tracking and exist system and punishing employers who hire illegals.

        I traveled to a country in the former USSR a few years back and was specifically warned not to overstay my visa which would be checked upon exit. Serious countries control who comes in and leaves their nation (and have a right to do so). Unfortunately, we are not a serious country anymore.

        As a lawyer, I would probably be considered part of the upper middle class but come from a working class background and understand that life very well. My father and grandfather were blue collar union guys. That’s why I detest many of the upper middle class who remain unaffected by the very policies they allow or advocate.

        Btw – I’m Hispanic too and love triggering s@@tlibs when I tell them I’m a Trump supporter.


              1. this is a good time to tell you the story of a white guy who had a real dark indian girlfriend. he knocked her up, but she was too low class so he dumped her. she was sad and out of grief and crazed anger she drowned her kid and herself in the rio grand and they’re ghosts now

                1. here is another immigrant story. a hungarian jew named Wilhelm Kahlo emigrated to Mexico., There he got a Mexican wife., They had a daughter with one big eyebrow who became a famous painter, who was married to the muralist Diego Garcia. But she had a couple other famous lovers including the infamous communist Lev Bronstein aka Trotsky and also Chavella Vargas the lady who sang that song. A long time ago. Now a lot of people like her strange paintings and they made a movie about her starring the hot Salma Hayek. Who, like Frida, had a partially semitic ancestry, except her dad was lebanese and not Jewish. Now, forgive me for saying, but Salma is a lot hotter than Frida ever was.

                  Thanks for your attention to this important message.

  19. How many illegals came across our borders in the past 23 months? Someone on TV yesterday said 350,000 or so. Jeso. Mister President: Build Up A Wall !

    I have said this statement before: Trump will resign on March 4th. Pence will be signed in as President on March 5th. I am clairvoyant.

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