9th Circuit Obtusely Rules Trump’s Using $2.5B From Pentagon for Border Wall is “Unlawful”

9th Circuit about to get slapped down again by the SCOTUS.

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Court rules Trump using $2.5B from Pentagon for border wall ‘unlawful’
RYAN MORGAN | JUNE 26, 2020

(americanmilitarynews.com) – The 9th U.S. Circuit Court of Appeals ruled in a 2-1 decision Friday that President Donald Trump’s 2019 order to reprogram $2.5 billion in military funds for wall construction on the U.S.-Mexico border was unlawful.

Chief Judge Sidney R. Thomas wrote the ruling opinion, issued Friday in the case of Sierra Club v. Donald Trump. In the opinion, Thomas ruled that the transfer of funds was not lawful because the wall did not constitute a sufficient military project, based on Section 8005 of the Department of Defense Appropriations Act of 2019.

“Section 8005 provides DoD with limited authority to transfer funds between different appropriations accounts, but
it provides no such authority ‘unless for higher priority items, based on unforeseen military requirements,’” Thomas wrote. “. . . We hold that Section 8005 did not authorize the transfer of funds at issue here because ‘the border wall was not an unforeseen military requirement.’”

The majority opinion further argues the federal government lacked proof that wall construction could serve its stated purpose in blocking the flow of drugs across the southern border…

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americanmilitarynews.com/2020/06/court-rules-trump-using-2-5b-from-pentagon-for-border-wall-unlawful/

 

9th Cirtuit needs to be shut down for violation of sworn oath.

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Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.)

www.law.cornell.edu/uscode/text/28/453

 

h/t Fist

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