Home California Lawsuit Filed Challenging President Trump’s Contrived Declaration of National Emergency at the Southern Border

Lawsuit Filed Challenging President Trump’s Contrived Declaration of National Emergency at the Southern Border

by ECT

SACRAMENTO – California Governor Gavin Newsom and Attorney General Xavier Becerra, leading a 16-state coalition,  filed a lawsuit in the U.S. District Court for the Northern District of California challenging President Trump’s declaration of a national emergency and his attempt to divert funding appropriated by Congress for other purposes. In the complaint, the coalition alleges that the Trump Administration’s emergency declaration and diversion of funds is unconstitutional and otherwise unlawful. The states seek to block the Trump Administration’s emergency declaration, the unauthorized construction of the border wall, and any illegal diversion of Congressionally-appropriated funds.

“President Trump is manufacturing a crisis and declaring a made-up ‘national emergency’ in order to seize power and undermine the Constitution,” said Governor Newsom. “This ’emergency’ is a national disgrace. Rather than focusing on fighting the real vulnerabilities facing Americans, the President is using the powers of America’s highest office to fan the flames of nativism and xenophobia. Our message to the White House is clear: California will not be part of this political theater. We will see you in court.”

“President Trump treats the rule of law with utter contempt. He knows there is no border crisis, he knows his emergency declaration is unwarranted, and he admits that he will likely lose this case in court. He is willing to manipulate the Office of the Presidency to engage in unconstitutional theatre performed to convince his audience that he is committed to his ‘beautiful’ border wall,” said Attorney General Becerra. “Today, on Presidents Day, we take President Trump to court to block his misuse of presidential power. We’re suing President Trump to stop him from unilaterally robbing taxpayer funds lawfully set aside by Congress for the people of our states. For most of us, the Office of the Presidency is not a place for theatre.”

The complaint filed today alleges that the Trump Administration’s action declaring a national emergency due to a purported border crisis is unlawful and unconstitutional. President Trump’s hyped crisis is a pretext to justify redirecting congressionally-appropriated funds to pay to build a wall along the southern border after he failed to get Congress — or Mexico — to pay for it. The facts do not support President Trump’s rhetoric or his declaration. Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates.

The states allege that the Trump Administration’s action exceeds the power of the executive office, violates the U.S. Constitution and federal statutes, and would illegally and unconstitutionally divert federal funds appropriated by Congress for other purposes. The suit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds.

Joining Attorney General Becerra in filing the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.

A copy of the complaint will be attached to the electronic version of the press release here.

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6 comments

Tom Feb 19, 2019 - 1:01 pm

These democrats have lost their minds. It makes no sense what they are saying. Just because illegal activities at the border are a crisis for decades, does not make it not a crisis. They are wasting our tax dollars again for stupid law suits which have no prospect of going through the supreme court.

Chris Feb 19, 2019 - 4:14 pm

I wish these idiots would stop wasting our tax payer dollars on their personal agendas!! There are plenty of California issues that need to be dealt with rather than fighting a battle they will not win. I guess at least if they are spending their time on fighting the president every time he speaks, they might spend less time on CA gun control! They should focus on more reservoirs, fixing our roads with all those F*****g taxes they charge us, homelessness, keeping criminals behind bars, immigration reform and enforcing the laws in our state. Bunch of jerks. I can’t wait until they term out but I may move out of this state before then.

Jeremy Feb 19, 2019 - 9:34 pm

It all comes down to the same conclusion- the need for the gulag or some other revolution. The rich get away with murder (literally) while the middle class picks up the pieces for them AND the poor. It’s ridiculous. I’m glad to see your frustration towards the straw that breaks the camels back. Anyone who believes in rich spoiled brat Trump is as delusional as the man paying alms for repentance.

Paula Feb 19, 2019 - 9:44 pm

Why can’t we use “thoughts and prayers” to protect the border the same way we use it to protect our schools???

Tammy Feb 20, 2019 - 12:18 am

This scumbag has wasted our tax dollars on more than 42 lawsuits aimed at President Trump! I called his office yesterday and got into a screaming fit with the idiot who works for him. He was doing the yelling. The amount of our tax dollars spent on this nonsense, is staggering!

Dirty Harry Feb 20, 2019 - 1:39 am

Gaslight Newsom and Becerra will make sure that all middle-class conservative California’s eventually will leave the state, so they can have their 3rd world country they want so bad. California will soon have the Rich and the Poor, that’s it? All the smart people are leaving. So in reality, they are actually winning. That’s too bad that California has turned into such a shithole! 55% of Californians are currently retiring out of California. Think about that. All politics aside, it is just too damn expensive to retire here.

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