President Trump’s Border Wall Blocked By Obama-Appointed Judge
Federal district judge issues a permanent injunction on construction
A permanent injunction was issued on Friday by a federal Judge blocking the construction of President Donald Trump’s border wall, holding it was illegal to spend current funding for that purpose.
The block by the Obama appointed a judge adds to the several ongoing lawsuits trying to prevent the border wall from being built.
This particular case is before Judge Haywood Gilliam for the U.S. District Court for the Northern District of California, who was appointed by Barack Obama.
Left-wing Sierra Club brought the suit in that court because it is currently one of the most liberal federal trial courts in the nation.
The Trump administration is reprogramming funds from Sections 8005 and 9002 of the National Defense Authorization Act to construct the wall and create security at the U.S.-Mexican border.
But the Sierra Club argued that the reprogramming of funds violates federal law.
DOJ argued in court that “plaintiffs are outside the zone of interests of § 8005. Therefore they can not sue to enforce it.”
The Defense Department “has satisfied the requirements outlined in § 8005.”
But Gilliam rejected those arguments.
BREAKING: Illegal Migrant Caught on Camera Shooting at Border Wall— Neon Nettle (@NeonNettle) June 24, 2019
READ MORE: https://t.co/VNsmsXcT4D
According to Breitbart: He also held that § 8005 funds could be used only for “unforeseen military requirements” and that constructing the border wall did not qualify.
The Sierra Club also argued that the use of these military funds under another part of federal law, 10 U.S.C. § 284, is illegal.
But since those funds go through the Sections 8005 and 9002 accounts, in any event, Gilliam declined to rule separately on the legality of Section 284 funds.
One win for the Trump administration, in this case, is that Gilliam continued to reject Sierra Club’s claims under the National Environmental Policy Act (NEPA).
The left has had great hopes that it could block the wall by arguing that building the wall is illegal because the federal government has not gone through NEPA’s cumbersome and time-consuming requirements, but even Gilliam acknowledged that the Department of Homeland Security had authority to waive those requirements, which the department did.
Finally, although parts of the case are ongoing and therefore usually this case would be stuck in district court, for the time being, Gilliam certified his partial summary judgment decision for immediate appeal.
As a consequence, the Justice Department will now take the case to the U.S. Court of Appeals for the Ninth Circuit.
The case is Sierra Club v. Trump, No. 4:19-cv-892 in the U.S. District Court for the Northern District of California.