Gentlemen,
The issue of the day is whether Trump will sign the compromise bill giving him $1.3+ Billion for a wall or other barrier along the border. Conservatives are deeply divided on this with some saying "yes" and some saying "no". Here's what I would do if I were Trump.
I would take a multi-pronged approach. I would sign it and immediately begin construction. Plus, immediately after signing it I would declare a National Emergency and divert other monies to finish the wall. I would NOT shut down the government. Another shutdown would just be yet another distraction and more fodder for the media, especially when other viable options are available as I will detail below.
The Left would immediately file suit, with a Leftist judge, to challenge the declaration of a National Emergency. I would seek an emergency hearing before SCOTUS to settle the issue. BUT, while the suit is winding its way through the judiciary, construction would already be underway using the money approved by Congress.
The Left, in court, would say that there is no "emergency" and, thus, no need for a wall. BUT, Trump could point out that they obviously think there IS a problem or they would not have allocated funds for a wall. Given the current conservative majority on SCOTUS, I believe Trump would prevail.
The above said, Trump does not need to declare a National Emergency or shut down the government at all. Both would, as said above, be yet another distraction from the central issue of securing the border. Instead, he could activate Article IV, Section Four of the Constitution which says that the federal government "shall" protect the States from invasion. Trump can simply change the narrative and STOP calling illegal border crossers "refugees", "migrants", "immigrants", or "asylum seekers". IF illegals truly are any of the aforementioned, they can go to any Port of Entry, present themselves, file a claim, and await adjudication. BUT, when they cross illegally, they are, in fact, "invaders", especially given their vast numbers. So, call them what they are -- INVADERS!
Trump can then dispatch the military to the border with orders to "repel" the invaders. Invaders do not have civil or constitutional "rights". They can simply be repelled and shoved back across the border. Under Article IV, Section Four neither the courts nor Congress have any say.
I would also activate 10 USC 284 which authorizes the military to build such barriers as the Commander In Chief deems necessary to complete the mission. It is established federal law, passed by Congress.
That is how Trump should, in my opinion, address the problem.
I have written letters to this effect to Trump and have emailed Limbaugh over and over, trying to get both Trump's and Limbaugh's attention. I doubt either of them will ever see my thoughts, but at least I tried.
Perhaps Mike can tweet my thoughts to the President and post my email on WTPUSA. Perhaps someone can get the President's attention. I strongly suspect that Trump has many "closet" never-Trumpers around him who either do not know the President's options or, if they do know, don't want him to know.
All we can do is try -- and keep trying. Too much is at stake. Failure is not an option!
Oren
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