Thread by @SamBerger_DC

Great scoop from @KFaulders, @Santucci, and @Elizabeth_McLau. As a lawyer at OMB, I worked on appropriations issues all the time. What the Trump administration is discussing here is illegal, plain and simple.
Thread 👇

https://twitter.com/karentravers/status/1081274193029812224

Under the Anti-Deficiency Act, it's a crime for federal agencies to spend $ on something Congress hasn't authorized - it's the statutory means for enforcing Congress' constitutional power of the purse. The Trump team is trying to sidestep the law by using emergency powers. /2

How? 10 USC 2808 says that w/ "a declaration of war or...a natl emergency...that requires use of the armed forces, SecDef...may undertake military construction projects...not otherwise authorized by law that are necessary to support such use of the armed forces." /3

So Trump would have to declare a natl emergency *requiring the use of the armed forced at the border* to utilize this authority. But what exactly would such an emergency be? Women and children crossing the border seeking asylum? There's no justification. /4

In addition, the authority can only be used for a "military construction project," where military construction is defined as "any construction, development, conversion, or extension of any kind carried out with respect to a military installation." 28 USC 2801(a). /5

But how is a border wall built related to a "military installation," defined as a "base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department"? Is Trump proposing the military seize land along the border? /6

Any such project must be "necessary to support such use of the armed forces." But in this scenario the wall wouldn't be to support the armed forces, it would be the purpose for which they were sent there. It treats DoD as Trump's personal construction company. /7

Finally, any $ spent on this would have to be taken from real military construction projects that actually benefit the military. /8

So the plan is to declare a fake emergency so that DoD can act as Trump's construction co + occupy/seize Americans' property at the border, all by taking away funds from actual military purposes. /9

Career officials at DoD + OMB would have to approve this illegal plan, putting themselves & their careers at risk. I don't see it.

If Trump officials try this, they should remember that the statute of limitations for breaking this law stretches beyond Trump's 1st term. /End