The issue: Border security.
The wedge: The partial government shutdown.
The collateral damage: Federal employees who didn’t get a paycheck on Friday.
Yet they refuse to negotiate, sit for serious talks, or work for the safety and security of the American people.
Their mantra? There is no crisis at our open porous borders.
Their goal? Destroy Donald Trump.
And Friday there were reports that an even larger caravan is staging in Honduras about to cause an even greater burden on our border patrol and the system.
The president has shown he is capable of negotiating. He has gone from a concrete wall to a steel slat barrier... He’s willing to go with any barrier -- any physical barrier that you cannot climb over, crawl under, rappel, or shoot yourself out of a cannon over.
He’s made concessions from $25 billion to $5 billion.
From a concrete barrier to a steel one.
He’s promising more personnel, detention beds, using technology and electronics to buttress the security and money to address the humanitarian needs.
In spite of his negotiations, the Democrats refuse to budge.
Curiously, some Democrats are peeling away from the rigid non-negotiable stance of Nancy Pelosi. They include Sen. Dick Durbin of Illinois, Sen. Angus King of Maine, Sen. Jeff Merkeley of Oregon, Rep. Cheri Bustos of Illinois, Rep. John Sarbanes of Maryland.
I have a solution.
There is no question that President Trump has the “authority” to declare a national emergency. The controlling case is Youngstown Sheet & Tube v. Sawyer 343 U.S. 579.
The critical operational issue is that only money already authorized and appropriated by Congress can be spent.
The only serious source of funds is in the military construction bill.
This week there was some debate whether that money would come from a line item of $13.1 billion dollars -- covering housing in Afghanistan and Iraq, or a $13.9 billion line for disaster relief.
Now clearly, the $13.1 billion should be the line used since I doubt we need to build homes in Afghanistan and Iraq.
Now expect the Democrats to go forum shopping in California where the appeal goes directly to the liberal Ninth Circus aka Ninth Circut -- if the president declares an emergency using the military construction funds. Assume they will win but on an appeal to the Supreme Court of the United States, they will lose under Youngstown.
So the only question now is whether or not this is a national emergency
And if you don’t think another caravan of thousands moving in a highly- organized fashion similar to military convoys with an advance party, a main body and a rear party, that has exhibited violence along the way with migrants in addition to those from Central America from Africa, Pakistan, Yemen, Afghanistan, India, Bangladesh, Nepal, and more is a national emergency, then you're out and out crazy!
The president has been sitting in the Oval Office since Christmas Eve. He's ready. If the Democrats aren’t coming to the table, the time to declare a national emergency is now.
Adapted from Judge Jeanine Pirro's monologue on "Justice with Judge Jeanine" on January 12, 2019.