On Trump's National Emergency Call

[Pressing-On]

This is some good information from Senator Mike Lee's Communication's Director:


Conn Carroll‏ @conncarroll 52m52 minutes ago

"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."


Conn Carroll‏ @conncarroll

Some quick notes on early coverage of President Trump's announcement today that pretty much all reporters are missing 1/


Conn Carroll‏ @conncarroll 3h3 hours ago

The WH did not make one executive action today. In reality they made three, only one of which involved an emergency declaration. 2/


Conn Carroll‏ @conncarroll 3h3 hours ago

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. 3/


Conn Carroll‏ @conncarroll 3h3 hours ago

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. 4/


Conn Carroll‏ @conncarroll 3h3 hours ago

Finally, the WH announced they would be funding $3.6 billion under 10 U.S.C. § 2808. This money does require an emergency declaration. 5/


Conn Carroll‏ @conncarroll 3h3 hours ago

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. 6/


Conn Carroll‏ @conncarroll 3h3 hours ago

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 7/