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Paul Schmehl @PaulSchmehl
, 17 tweets, 4 min read Read on Twitter
Sorry, picked up the wrong letter. It’s this one: whitehouse.gov/briefings-stat…
“In accordance with section 7058(d) of division K of the Consolidated Appropriations Act, 2018 (H.R. 1625; the “Act”), I hereby designate as an emergency requirement all funding so designated by the Congress in the Act pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, for the accounts referenced in section 7058(d).
So, the first thing you have to do is go to section 7058(d) of division K of the Consolidated Appropriations Act, 2018. So, let’s go there.
Here’s the two sections. Read them. You’ll see there’s $145 million involved. Not nearly enough to build the wall.
Next, you have to go to this law and section: “I hereby designate as an emergency requirement all funding so designated by the Congress in the Act pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985”
And what do we find there? legcounsel.house.gov/Comps/Balanced…
So, what the letter is saying is POTUS is exercising his authority, given to him by Congress, to allocate up to $145 million in emergency funds to the war on terror. Nothing to do with the wall, and not nearly enough money to impact its building.
Now, can we finally put this crap about POTUS using military funds to build the wall to bed? It’s not going to happen. If he tried it, THIS Congress would impeach him. Do you really think Trump wouldn’t know that?
So, I discussed this briefly in this thread, and you can review what I wrote. What I wrote was correct, but I missed a very important detail, which Adam pointed out to me.
See, this is where Adam caught something that I didn’t. The $145 million that Trump is moving around is gong IN to the Emergency Fund for Global Health. Why is this important? Because Trump has written an Executive Order declaring a national health emergency concerning opioids.
Here’s the WH doc on it. whitehouse.gov/articles/will-… So, how does a Public Health Emergency affect the budget? Well, According to @AdamBuxton2010, who has done the research, it make available about $8 BILLION dollars in discretionary funds.
This is Adam’s tweet to me explaining where the money comes from. This is money that Congress has set aside for emergencies. And, if POTUS declares a health emergency, those funds become available to him.
Now, will he use that to fund the wall? I don’t know. But he clearly intends to use it for something. Because he’s taken all the legal steps necessary to make that money available to him. Personally, I think it might be a stretch to use it for the wall.
Essentially, this money is set aside for emergencies like a breakout of the ebola virus. A good lawyer could argue that building the wall doesn’t address a health emergency. But, an equally good lawyer could argue that stopping the flow of opioids DOES address a health crisis.
So, we’re going to have to see where this goes. But get it out of your head that the President can just move money wherever he wants. He cannot. He has to have the authority, granted by Congress, to spend the money for the purpose he is spending it for.
As for the argument, well Obama did it. Do you REALLY want to go there? I thought the purpose of this movement was to RESTORE the rule of law, not ignore it.
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