McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

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McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

https://www.ctvnews.ca/world/trump-to-s ... -1.4296601
WASHINGTON -- U.S. President Donald Trump will sign Congress' border security compromise, Senate Majority Leader Mitch McConnell said Thursday. The announcement removed the last ounce of suspense over the fate of a bill that would provide just a sliver of the money Trump wants to build a wall with Mexico but also would avoid a new government shutdown.
But McConnell also said Trump would quickly declare a national emergency. The president has said that move would give him power to divert money from other budget projects into wall building.
McConnell also said he would support Trump's emergency declaration. That was a turnabout for the Kentucky Republican, who like Democrats and many Republicans has until now opposed such a declaration.

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U.S. President Donald Trump speaks at the Major County Sheriffs and Major Cities Chiefs Association Joint Conference in Washington, Wednesday, Feb. 13, 2019. (AP Photo/Susan Walsh)
The emergency declaration will inject the likelihood of fresh conflict between Congress and Trump over his efforts to build barriers along the boundary with Mexico. Opponents have said there is no crisis at the border and Trump is merely sidestepping Congress.
The Republican-controlled Senate began voting on the agreement Wednesday, and passage by that chamber and the Democratic-led controlled seemed certain.
Trump had signalled he would sign the bill but it was unclear until McConnell's announcement if he would do so, prompting some lawmakers to voice concern.
"Let's all pray that the president will have wisdom to sign the bill so the government doesn't shut down," said Sen. Charles Grassley, R-Iowa, chiming in after a guest chaplain opened Thursday's session.
Trump's assent would end a raucous legislative saga that commenced before Christmas and was ending, almost fittingly, on Valentine's Day. The low point was the historically long 35-day partial federal shutdown, which Trump sparked and was in full force when Democrats took control of the House, compelling him to share power for the first time.
Trump yielded on the shutdown Jan. 25 after public opinion turned against him and congressional Republicans. He'd won not a nickel of the $5.7 billion he'd demanded for his wall but had caused missed paychecks for legions of federal workers and contractors and lost government services for countless others. It was a political fiasco for Trump and an early triumph for House Speaker Nancy Pelosi, D-Calif.
The fight left both parties dead set against another shutdown. That sentiment weakened Trump's hand and fueled the bipartisan deal, a pact that contrasts with the parties' still-raging differences over health care, taxes and investigations of the president.
The product of nearly three weeks of talks, the agreement provides almost $1.4 billion for new barriers along the boundary. That's less than the $1.6 billion for border security in a bipartisan Senate bill that Trump spurned months ago, and enough for building just 55 miles of barricades, not the 200-plus miles he'd sought.
Notably, the word "wall" -- which fueled many a chant at Trump campaign events and then his rallies as president -- does not appear once in the 1,768 pages of legislation and explanatory materials. "Barriers" and "fencing" are the nouns of choice.
The compromise would also squeeze funding for Immigration and Customs Enforcement, or ICE, in an attempt to pressure the agency to gradually detain fewer immigrants. To the dismay of Democrats, it would still leave an agency many of them consider abusive holding thousands more immigrants than it did last year.
The measure contains money for improved surveillance equipment, more customs agents and humanitarian aid for detained immigrants. The overall bill also provides $330 billion to finance dozens of federal programs for the rest of the year, one-fourth of federal agency budgets.
Trump has talked for weeks about augmenting the agreement by taking executive action to divert money from other programs for wall construction, without congressional sign-off. He might declare a national emergency, which has drawn opposition from both parties, or invoke other authorities to tap funds targeted for military construction, disaster relief and counterdrug efforts.
Those moves could prompt congressional resistance or lawsuits, but would help assuage supporters dismayed that the president is yielding.
Rep. Mark Meadows, R-N.C., who leads the hard-right House Freedom Caucus, told reporters "it would be political suicide" if Trump signs the agreement and did nothing else to find added money.
The measure was expected to be carried by pragmatists from both parties. Many of Congress' most liberal members were expected to oppose it, unwilling to yield an inch to Trump's anti-immigrant policies, while staunch conservatives preferred a bill that would go further.
"I made a promise to my community that I wouldn't fund ICE," said Rep. Alexandria Ocasio-Cortez, D-N.Y., a freshman who's become a face of her party's left wing and a leading proponent of eliminating the agency.
Though Trump lost the highest-profile issue at stake, he all but declared victory Wednesday.
At the White House, he contended that a wall "is being built as we speak." Work on a small stretch of barriers is due to start this month in Texas' Rio Grande Valley under legislation Congress approved last year.
Swallowing the deal would mark a major concession by Trump, who has spent months calling the situation at the southern border a national security crisis. In private conversations, Trump has called the congressional bargainers poor negotiators, said a person familiar with the conversations who wasn't authorized to speak publicly.
Trump has repeatedly vowed Mexico would pay for the wall, a suggestion that country has spurned. His descriptions of the wall's size have fluctuated, at times saying it would cover 1,000 of the 2,000-mile boundary. Previous administrations constructed over 650 miles of barriers.
Facing opposition from Trump, Democrats lost their bid to include language giving federal contractors back pay for wages lost during the last shutdown. Government workers have been paid for time they were furloughed or worked without paychecks.
Also omitted was an extension of the Violence Against Women Act. Democrats say this will give them a chance later this year to add protections for transgender people to that law.
Associated Press reporters Catherine Lucey and Padmananda Rama contributed.
So Trump will declare a bogus state of emergency over a crisis largely of his making, in order to bypass Congressional control of the budget. Reports on CNN are that the only way to get Trump to agree to sign the bill was for McConnel to change his position and agree to support a shutdown.

It is hard to understate the significance of this. Trump is attempting to bypass one of Congress's most central Constitutional powers-control of the budget-by executive fiat. If the courts (which Trump has filled with many of his judges) uphold this, then entire system of checks and balances on which the government of the United States is founded is essentially dead, and there will be clear legal precedent that the President can bypass Congress by executive fiat, essentially ruling as an autocrat. McConnel has utterly sold out democracy, the Constitution, and his own authority as a Senator.

I got a lot of flak on this board for being supportive of the last shutdown, arguing that it was necessary not to compromise with Trump. Well, it appears that we've averted another shutdown, and all we had to do was sacrifice one of the fundamental cornerstones of republican government in America.

As of now, I am altering my position on this compromise bill- It should not be passed. No compromise is worth sacrificing the fundamental checks and balances of our Constitution. No deal should be made with those who deal in bad faith, and will attempt to bypass a bipartisan compromise with dictatorial fiat. I stand with Ocassio-Cortez and other progressives, and I will call my representatives today and tell them I oppose the bill.

Nobody sane wants another shutdown. Nobody wants that suffering to be inflicted on federal employees. But sometimes you have to pay a price for freedom. In WW2, America sent hundreds of thousands of soldiers to their deaths to defeat fascism. We burned cities to defeat fascism. Are we so cowardly now that we will submit to fascism to avoid another shutdown?

Here is Nancy Pelosi's response:

https://www.youtube.com/watch?v=NPuYRNxjiUs

"I don't believe that there's any good faith negotiations to have with the Republicans in Congress if they're going to support the President doing an end run about what the will of the people, of the Congress of the United States, has put forward."

She also correctly points out that the Democrats could turn this precedent back on the Republicans and use a "state of emergency" to push gun control. She unfortunately won't commit to a legal challenge now, but leaves the option open.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Speaker Pelosi wrote:Welcome to the Democratic Party. We are not a rubber stamp for anybody. We are not a monolith. We never have been, and who would want to lead a party that would be described that way.
Good words, Madame Speaker. I will hold you to them.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by Crazedwraith »

I'm not really following your position that the compromise bill shouldn't be passed, TRR. The State of emergency thing is a separate thing not conditional on the bill being passed, it's just Trump being a dick, he can still do it if the bill isn't passed correct? Might as well get the compromise promises written into law and then the Republicans can be called to account if they don't follow through.

Likewise Trump can be condemn for delcare an invalid state of emergency and running around congress, especially if a valid agreed upon bill is in place.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Crazedwraith wrote: 2019-02-14 05:10pm I'm not really following your position that the compromise bill shouldn't be passed, TRR. The State of emergency thing is a separate thing not conditional on the bill being passed, it's just Trump being a dick, he can still do it if the bill isn't passed correct? Might as well get the compromise promises written into law and then the Republicans can be called to account if they don't follow through.

Likewise Trump can be condemn for delcare an invalid state of emergency and running around congress, especially if a valid agreed upon bill is in place.
Yes, he can still declare a state of emergency (or rather, he can try, and the courts can determine whether he actually can) with or without a bill.

However, three things made me take this position:

1. The reports that McConnel agreeing to back a state of emergency was what convinced Trump to sign the bill. That directly ties the likely success of the bill to support for the state of emergency.

2. The fact that it shows once again that Trump will not deal in good faith, and will not accept a bi-partisan compromise. On principle I don't believe we should negotiate with such an opposition, or make concessions to them.

3. That the bill is now to some extent meaningless, because if Trump doesn't like it he'll just do an end run around it. We negotiated what was at least a tolerable compromise on border security- and now he'll just fund the Wall by executive fiat, meaning that the Democrats made major concessions for nothing. Again.

I suppose there's a pragmatic argument to be made- that if the Democrats are the ones who back down now, they're likely to be blamed for the fallout of another shutdown. But there's also an argument to be made that compromising with opponents who then stab us in the back reinforces the popular perception of Democrats as weak and unprincipled and ineffective, and will further alienate the base.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Two thirds of Americans polled oppose a state of emergency declaration:

https://www.bloomberg.com/news/articles ... l-cbs-poll

Only half of Republicans supported demands for more funding even if it meant another shutdown. 65% of Democrats want the government to remain open while negotiations continue, which under other circumstances would be admirable but is a bit disappointing now.

Half of those polled also say that they believe the US is worse than it was one year ago. Make America Great Again my ass.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Well, its done. Trump declared a state of emergency.

The future of our Constitutional system of checks and balances is now hanging in the balance.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by Vendetta »

The Romulan Republic wrote: 2019-02-15 10:50pm Well, its done. Trump declared a state of emergency.

The future of our Constitutional system of checks and balances is now hanging in the balance.
"It's done" is fairly previous.

It's not like declaring a state of emergency makes $8bn appear out of thin air or raises it in new taxes, it has to be redirected from other parts of the budget and the departments and states that would have gotten that money will be raising a stink about it and possibly making legal challenges to protect their share based on the acknowledgement in the speech that there's no real emergency.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by U.P. Cinnabar »

California and New York already are.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by aerius »

Apparently, the funding bill was something like 1000 pages long. I can't wait to see what kind of shit has been buried in there that we'll find out about the hard way in the next while.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

aerius wrote: 2019-02-16 10:45am Apparently, the funding bill was something like 1000 pages long. I can't wait to see what kind of shit has been buried in there that we'll find out about the hard way in the next while.
Saw an interesting exchange on CNN about this- they were questioning some Congressman or other about it IIRC, and whether he had read it before it passed and so on, and he basically replied that a budget bill like this is mostly just repetition of existing stuff, summaries of the various existing programs continuing to be funded, etc, that has been worked on for years. With only a few parts of the bill being new.

In other words- yeah, there's probably a lot of nasty shit buried there, but its mostly old shit that's been around for a while.

Anyway, the lawsuits have started. Texas landowners and the ACLU have filed, in addition to the suits from California and New York U.P. Cinnabar mentioned. Congress is also considering a resolution opposing it IIRC.

Edit: Basically, the outcome is going to boil down to two things, I expect: whether Ruth Bader Ginsburg can hold out until this gets to the Supreme Court, and which way Chief Justice Roberts votes. On such slender threads does our Constitution now hang.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

One bright spot: Trump was actually stupid enough to say in his declaration speech that he had no need to declare a state of emergency to get the Wall built, greatly undercutting any defense in court claiming that this is a genuine emergency. :lol:

If we had to have a fascist, thank God we got one this incompetent.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by bilateralrope »

The Romulan Republic wrote: 2019-02-16 06:16pm Edit: Basically, the outcome is going to boil down to two things, I expect: whether Ruth Bader Ginsburg can hold out until this gets to the Supreme Court, and which way Chief Justice Roberts votes. On such slender threads does our Constitution now hang.
The third possibility is the Senate and Congress overturning the state of emergency. Which only requires a few Republican defections in the Senate. And they just need to be scared of what a Democrat president could do with that precedent and evidence of actual harm.

The NRA can't afford to let Trump set a precedent here.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

It would be pretty fucking ironic if the NRA were the ones who road in on a white horse and saved the day here.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by Napoleon the Clown »

Not to be a complete pessimist, but I find it way more likely that Blue Dogs will do what Blue Dogs do best and go turncoat to support the state of emergency declaration. Republicans are pretty fucking devoted to the malicious myopia they've been practicing. If concerns over future Democrat actions were a thing they wouldn't have been willing to get behind any uses of the nuclear option.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

bilateralrope wrote: 2019-02-16 09:55pm
The Romulan Republic wrote: 2019-02-16 06:16pm Edit: Basically, the outcome is going to boil down to two things, I expect: whether Ruth Bader Ginsburg can hold out until this gets to the Supreme Court, and which way Chief Justice Roberts votes. On such slender threads does our Constitution now hang.
The third possibility is the Senate and Congress overturning the state of emergency. Which only requires a few Republican defections in the Senate. And they just need to be scared of what a Democrat president could do with that precedent and evidence of actual harm.

The NRA can't afford to let Trump set a precedent here.
I have zero faith in Republicans at this point to do the right thing. Certainly not in large enough numbers to override Trump's veto.
Not to be a complete pessimist, but I find it way more likely that Blue Dogs will do what Blue Dogs do best and go turncoat to support the state of emergency declaration. Republicans are pretty fucking devoted to the malicious myopia they've been practicing. If concerns over future Democrat actions were a thing they wouldn't have been willing to get behind any uses of the nuclear option.
On the plus side, the Blue Dogs are not the power that they were. The Centrist Democratic leadership is taking a fairly hard line on this, and the 2020 nominees are pretty much all trying to appeal to the progressive base, and we have actual democratic socialists in the House. The progressives in the House being a strong enough faction that (combined with Republican votes) they could probably force Pelosi out if they really wanted to.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Surprising no one who has watched the news in the last three years, the White House says Trump will veto a Congressional bill disapproving of the state of emergency:

https://www.ctvnews.ca/world/white-hous ... -1.4300652
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by U.P. Cinnabar »

The Romulan Republic wrote: 2019-02-17 09:17pm Surprising no one who has watched the news in the last three years, the White House says Trump will veto a Congressional bill disapproving of the state of emergency:

https://www.ctvnews.ca/world/white-hous ... -1.4300652
Congress did it to itself, allowing its authority to be slowly eroded by the Executive Branch over the past 39 years—starting with the political purge known as Operation ABSCAM—while the media and too many Americans believe this is necessary, as it's not the Presidency which is Imperial, but rather Congress, the courts...and the media.

That's not normalizing(acceptance of) what Trump is doing now. It's providing some background for what should've been unacceptible behavior then, and is unacceptible behavior now.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Oh, the slow, steady erosion of Congressional power goes back much further than that- its been going on ever since the very early days of America, with periodic spikes whenever a major war is fought (pre-Civil War, IIRC, Congress was by far the dominant branch over the Executive).

One can quibble about where exactly the line was crossed and things went too far the other way, but we're well over-due for a re-set. Presuming we avoid the worst case scenario of a fascistic Trumpian autocracy, one of the best things that might come out of this situation, and how far Trump has pushed the boundaries of executive power, is a re-assertion of Congressional authority. We saw a bit of that with Pelosi's stand against Trump during the shutdown. Unfortunately, the Senate is still largely in the hands of Quislings who are happy to abet Trump's autocratic tendencies, even at the expense of their own power. And it might just as easily go the other way even if the next President is a Democrat (as Pelosi rightly warned)- the Dems might decide that turnabout is fair play, and institute their own imperial presidency.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by U.P. Cinnabar »

The Romulan Republic wrote: 2019-02-17 10:53pm Oh, the slow, steady erosion of Congressional power goes back much further than that- its been going on ever since the very early days of America, with periodic spikes whenever a major war is fought (pre-Civil War, IIRC, Congress was by far the dominant branch over the Executive).
Fair point. It's just worsened, since the Republicans, burned by the fallout from Watergate, took power in the soft coup of 1980the 1980 Presidential elections, mainly because Congress, the media and the courts all combined to ruin Nixon's fun and games(and became three of the many scapegoats in the American post-Vietnam "stab in the back" myth).
One can quibble about where exactly the line was crossed and things went too far the other way, but we're well over-due for a re-set. Presuming we avoid the worst case scenario of a fascistic Trumpian autocracy, one of the best things that might come out of this situation, and how far Trump has pushed the boundaries of executive power, is a re-assertion of Congressional authority.
On that, we agree.
We saw a bit of that with Pelosi's stand against Trump during the shutdown. Unfortunately, the Senate is still largely in the hands of Quislings who are happy to abet Trump's autocratic tendencies, even at the expense of their own power. And it might just as easily go the other way even if the next President is a Democrat (as Pelosi rightly warned)- the Dems might decide that turnabout is fair play, and institute their own imperial presidency.
It will. Once a precedent has been set, there's no un-setting it. But, politicians, as a breed, are short-sighted and self-serving, and, Rom, I'm sorry to say, that includes both parties*, as many members of both parties will co-operate with one another, if it serves their best interests; the wars in Iraq, Congressional Democrats(including Sam Nunn and Ted Kennedy) turning on Carter being amongst the many examples of this.

Don't get me wrong, there are progressive-minded Congresspersons and Senators, or, at least those who put the good of their constituents above their own selfishness, but they are currently vastly outnumbered by the same old politicos who want to do the same old business in the same old way, and to hell with the consequences, because they won't be the ones who suffer from them in the short term.

*Not a "both sides" narrative. Political parties are human institutions, not stone monoliths, so the corruption isn't neatly divisible along party lines.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

Why Trump's declaration of emergency could be grounds for impeachment:

https://www.nbcnews.com/think/opinion/t ... ncna972801
By Michael Conway, Former counsel, U.S. House Judiciary Committee
The Founding Fathers pointed to the impeachment power of Congress, through which a president could be removed from office for “treason, bribery, or other high crimes and misdemeanors,” as the path to rein in a president encroaching on congressional power.

In 1788’s Federalist 66, for instance, Alexander Hamilton wrote that “the powers relating to impeachments are, as before intimated, an essential check in the hands of [Congress] upon the encroachments of the executive.”

In Federalist 65, Hamilton described as impeachable “those offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust.”

Related

OPINION
Trump's emergency declaration to build the wall will cost Americans more than money
No greater abuse of a public trust can be envisioned than the president usurping the power of Congress.

That, however, is precisely what President Donald Trump’s declaration Friday of a national emergency, in order to commandeer billions of dollars that Congress refused to appropriate to build a wall on the southern border, did. It is the constitutional role of Congress to appropriate (or, in this case, refuse to appropriate) public funds for a specific purpose. Congress voted not to fund $8 billion to build a wall, earmarking only $1.375 billion for that project; Trump’s announcement is an effort to usurp their constitutional authority.

As expected, the announcement promptly generated the first of several expected lawsuits challenging his declaration. But asking the judicial system to check Trump’s hijacking of the constitutional power of Congress is the wrong tactic and is likely to fail.

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Trump's national emergency at the border is fake. Here are some very real emergencies he should be addressing instead.
The dismal prospect for obtaining a permanent court-ordered ban on the president’s unilateral transfer of funds to “build the wall” is revealed by the deference the Supreme Court last year displayed in upholding Trump’s travel ban.

In approving the ban, Chief Justice John Roberts wrote that the challengers' "request for a searching inquiry into the persuasiveness of the president’s justifications is inconsistent with the broad statutory text and the deference traditionally accorded the president" in matters of national security and international affairs.

The Supreme Court’s language then promises only a perfunctory review of the basis for a national emergency: Because the president has declared a national emergency to build a wall, the Supreme Court majority appears ready to accept that subjective label at face value even if no emergency objectively exists.

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Declaring a national emergency to fund Trump's border wall may be what finally kills the project
But federal courts have long indicated that they don’t feel it is their role to question certain presidential decisions. In a prescient warning more than four decades ago, a federal appeals court cautioned that the courts would not second-guess even the most outrageous presidential invocation of a national emergency.

After President Richard Nixon declared a national emergency in 1971 over America’s financial reserves and then imposed an extra 10 percent surcharge on certain imports, Yoshida International sued to declare the action invalid and won at the federal trial court level. On appeal, the U.S. Court of Customs and Patent Appeals (now part of the federal Circuit Court in D.C.) reversed the trial court’s decision and issued this chilling prediction about the scope of presidential authority and its potential abuse by a future president.

“Though such a broad grant may be considered unwise, or even dangerous, should it come into the hands of an unscrupulous, rampant president, willing to declare an emergency when none exists, the wisdom of a congressional delegation is not for us to decide,” said the decision.

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Quoting an earlier decision, Chief Judge Markey wrote: “We are not concerned with their wisdom. The question before the court is one of power, not of policy."

That flagrant abuse of power now has come to pass: Trump has declared an immigration national emergency even though his own government’s data proves that none exists. But while the Supreme Court may find that Trump has the power to hijack those funds to fulfill a campaign promise, Congress can also find that this is an abuse of power warranting his impeachment. Indeed, the Founders envisioned the power of impeachment as the fit remedy if the executive branch usurped congressional power.

There is precedent for this.

President Nixon technically had the power to fire the special prosecutor investigating him, the power to pardon those involved and the power to oversee the FBI and CIA in connection with the Watergate investigation. The existence of his power was not questioned; the abuse of that power, however, was found to be an impeachable offense.

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In July 1974, the House Judiciary Committee adopted three Articles of Impeachment against President Richard Nixon; Article II, which passed 28-10, alleged an abuse of power by the president. In its final report, the committee stated: “For just such presidential misconduct the impeachment power was included in the Constitution.”

In a clarion call to the present, the committee declared that the abuse of power impeachment article was needed, lest a future president use his authority “for further usurpations of the power of other branches of our government. By adopting this article, the committee seeks to prevent the recurrence of any such abuse of presidential power.”

By defying Congress and unconstitutionally allocating federal monies for a project that Congress refused to fund, Trump has abused presidential power just as Judiciary Committee condemned almost 45 years ago.

Impeachment was the appropriate remedy then, as it is now.
Disturbingly, if this article is correct, the Supreme Court will most likely sanction a false declaration of emergency designed to usurp Congress's Constitutional authority and place absolute power in the hands of the President.

Impeachment, then, is the only recourse, short of revolution (whether by armed or non-violent means).

Edit: This article also seems to echo an excellent article in the last issue of the Atlantic, which advocated that Congress had a duty to impeach Trump regardless of whether it would result in a conviction, that impeachment did not necessarily require that a crime had been committed (just an act which posed a threat to the Constitution/democracy), and that initiating the impeachment process would be the most effective check on the Trump Presidency. I am encouraged to see a seeming swell of mainstream media support for impeachment, and I would urge people to contact their representatives and tell them to support beginning impeachment proceedings against Donald Trump.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by FireNexus »

The Romulan Republic wrote: 2019-02-18 06:05pm Why Trump's declaration of emergency could be grounds for impeachment:
If we had a spreadsheet of all the grounds for Trump impeachment, you couldn’t even add this without crashing excel. I’m not sure why we keep going through the exercise of pointing it out anymore.
I had a Bill Maher quote here. But fuck him for his white privelegy "joke".

All the rest? Too long.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

FireNexus wrote: 2019-02-18 06:23pm
The Romulan Republic wrote: 2019-02-18 06:05pm Why Trump's declaration of emergency could be grounds for impeachment:
If we had a spreadsheet of all the grounds for Trump impeachment, you couldn’t even add this without crashing excel. I’m not sure why we keep going through the exercise of pointing it out anymore.
In the hopes that one of them (or the accumulating mass of them) will finally shift enough support to make impeachment politically viable, I suppose. And because its important not to normalize this shit to the point where the President committing a blatantly impeachable offence is simply greeted with a shrug. People should be reminded, every day, that their President is a criminal. God help us if everyone forgets that.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by Tribble »

The Romulan Republic wrote: 2019-02-18 06:28pm
FireNexus wrote: 2019-02-18 06:23pm
The Romulan Republic wrote: 2019-02-18 06:05pm Why Trump's declaration of emergency could be grounds for impeachment:
If we had a spreadsheet of all the grounds for Trump impeachment, you couldn’t even add this without crashing excel. I’m not sure why we keep going through the exercise of pointing it out anymore.
In the hopes that one of them (or the accumulating mass of them) will finally shift enough support to make impeachment politically viable, I suppose. And because its important not to normalize this shit to the point where the President committing a blatantly impeachable offence is simply greeted with a shrug. People should be reminded, every day, that their President is a criminal. God help us if everyone forgets that.
His supporters know all this, they just don't care. Hell, Trump is right; if he randomly shot someone in broad daylight Republicans still wouldn't care, because at least he's not a Democrat.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by The Romulan Republic »

No, the Trumpers will stick by him for the most part until doing so directly harms them (and maybe even then). Its the independents and moderates who we don't want to start to forget.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: McConnel: Trump will sign the funding bill, simultaneously declare a state of emergency on the border.

Post by U.P. Cinnabar »

The Romulan Republic wrote: 2019-02-18 06:28pm
FireNexus wrote: 2019-02-18 06:23pm
The Romulan Republic wrote: 2019-02-18 06:05pm Why Trump's declaration of emergency could be grounds for impeachment:
If we had a spreadsheet of all the grounds for Trump impeachment, you couldn’t even add this without crashing excel. I’m not sure why we keep going through the exercise of pointing it out anymore.
In the hopes that one of them (or the accumulating mass of them) will finally shift enough support to make impeachment politically viable, I suppose. And because its important not to normalize this shit to the point where the President committing a blatantly impeachable offence is simply greeted with a shrug. People should be reminded, every day, that their President is a criminal. God help us if everyone forgets that.
We're not going to forget that, Rom.

But, I think Fire Nexus was pointing out that if the House intended to draft articles of impeachment, they would have, instead of the two houses merely issuing a strongly-worded statement of disapproval.
"Beware the Beast, Man, for he is the Devil's pawn. Alone amongst God's primates, he kills for sport, for lust, for greed. Yea, he will murder his brother to possess his brother's land. Let him not breed in great numbers, for he will make a desert of his home and yours. Shun him, drive him back into his jungle lair, for he is the harbinger of Death.."
—29th Scroll, 6th Verse of Ape Law
"Indelible in the hippocampus is the laughter. The uproarious laughter between the two, and their having fun at my expense.”
---Doctor Christine Blasey-Ford
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