Some quick notes on early coverage of President Trump’s announcement today that pretty much all reporters are missing:
Conn Carrol
The WH did not make one executive action today. In reality they made three, only one of which involved an emergency declaration.
First, the WH announced they would be funding $601 million in wall construction from the Treasury Forfeiture Fund, relying on 31 U.S.C. § 9705. This does not require an emergency declaration.
Second, the WH announced they would be funding $2.5 billion in wall construction under 10 U.S.C. § 284 (this is MilCon $ for combating drug trafficking). This does not require an emergency declaration.
Finally, the WH announced they would be funding $3.6 billion under 10 U.S.C. § 2808. This money doesrequire an emergency declaration.
According to the WH this money will be spent sequentially so the § 9705 money will be spent first then the § 284 money then the § 2808 money.
So depending on how fast they can begin construction, they will have to spend over $5 billion (including the $1.3 billion in fencing appropriations) before any of the emergency money is ever tapped.
“The “emergency” funds may not be tapped till the other, less controversial funds are depleted. Plaintiffs may not have standing to challenge the diversion of “emergency” funds till those funds are in fact allocated.”
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