Judge tosses House Dems' lawsuit over Trump's use of emergency military funds

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Judge tosses House Dems' lawsuit over Trump's use of emergency military funds for border wall

https://www.foxnews.com/politics/judge-house-dems-lawsuit-trump-emergency-military-funds-border-wall

Washington, D.C., district court Judge Trevor McFadden threw out House Democrats' lawsuit seeking an injunction against President Trump's emergency border wall funding reallocation, saying that the matter is fundamentally a political dispute and that the politicians lack standing to make a legal case.

Trump had declared a national emergency this past February over the humanitarian crisis at the southern border, following Congress' failure to fund his border wall legislatively. House Speaker Nancy Pelosi, D-Calif., and House Democrats then filed suit in April, charging that Trump was "stealing from appropriated funds” by moving $6.7 billion from other projects toward border wall construction.

Democrats argued that the White House had "flouted the fundamental separation-of-powers principles and usurped for itself legislative power specifically vested by the Constitution in Congress."

But, in his ruling, McFadden, a Trump appointee, suggested Democrats were trying to circumvent the political process.
 

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https://www.rollcall.com/news/judge-tosses-house-lawsuit-border-wall-spending

A federal judge in Washington on Monday threw out the House’s lawsuit against the Trump administration over funds to construct a wall on the U.S.-Mexico border, saying the courts were not the place to settle this dispute over congressional appropriations power.

The Democrat-led House filed the lawsuit challenging parts of the administration plan to spend up to $8.1 billion for construction of southern border barriers, arguing that Congress had turned aside President Donald Trump’s request for $5 billion and instead appropriated $1.375 billion.

The House argued that the spending would violate the Appropriations Clause of the Constitution and usurp Congress’ authority, while the Justice Department called it a case about whether the administration is not appropriately executing a statute.
 
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