A federal judge just handed Trump a huge win. He denied Pelosi and the House Democrats request that he step in and stop Trump from transferring money to the border wall.
Wow, this is huge. Pelosi had objected to Trump moving money not specifically appropriated for the wall to build it and sued to stop Trump. She just lost.
From CNN: A federal judge in Washington on Monday denied a request by House Democrats to block President Donald Trump from transferring funds from appropriated accounts to construct his wall.
Judge Trevor McFadden said the House lacks standing to bring the challenge and also he does not believe the court should step into the fight between the President and Congress.
“The Court declines to take sides in this fight between the House and the President,” McFadden wrote.
“This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers,” he added.
McFadden also said lawmakers have more options than the court system to fight the President’s proposals.
“Congress has several political arrows in its quiver to counter perceived threats to its sphere of power,” he wrote. “These tools show that this lawsuit is not a last resort for the House. And this fact is also exemplified by the many other cases across the country challenging the administration’s planned construction of the border wall.”
McFadden, a Trump appointee, held a nearly three-hour hearing on the matter last month.
From CNN: During the roughly three-hour hearing, Judge Trevor McFadden, a Trump appointee, appeared skeptical about involving the judiciary in a conflict between the Democratic-led House and the administration regarding Trump’s decision to transfer funds from appropriated accounts to construct his wall.
“The President in this instance is going to the very heart of our checks and balances,” Douglas Letter, representing the House, argued before the judge in the District Court for the District of Columbia.
McFadden, however, cited the political tools at the disposal of the legislative branch.
“Has your client utilized all the tools at its disposal before rushing to court?” he asked. To which, Letter responded that the House did what it’s supposed to do in appropriating funds.
Lawyers for the Trump administration warned of opening up the opportunity for branches to sue each other. “For over 200 years, Congress and the executive branch resolved political disputes through political means,” said James Burnham, a government lawyer.
Like the Justice Department has said in court filings, Burnham argued that the House lacks standing to bring the lawsuit in the first place, has no cause of action against the administration and is unlikely to prevail on the merits.