Ann Coulter: By signing the budget deal, Trump signs away his right as CIC to build the wall

Yesterday afternoon, the AP reported that “The White House confirms that President Donald Trump will sign a bill averting a potential partial government shutdown at the end of the week.”

At the same time, “Press Secretary Sarah Sanders says Trump will also take ‘other executive action — including a national emergency’ as he seeks to keep his border wall pledge.” Senate Majority Leader Mitch McConnell (R-KY) confirmed that Trump would quickly declare a national emergency, so as to divert money from other budget projects into building the southern border wall.

According to Ann Coulter, however, by signing the budget deal, Donald Trump has signed away his right as commander in chief to build a wall.

On the Lars Larson radio show yesterday, Coulter said (beg. 1:00 mark):

“It’s over…. I’ve been one saying since November 8, ‘Hey, you’re commander in chief. You have always had authority to build the wall. That is part of your job description.‘ They’ve talked about national emergency, and his special emergency powers, whether he uses that or not, he’s the commander in chief and his job is to keep America safe.

But now, he signed a bill in which he has signed those powers away. The bill that he signed prohibits any part of the wall going any place on our border. It allows not the prototypes, not a wall, but some gentle pedestrian bollard fencing, in one small section, the Santa Fe section, but only if the local authorities agree….

It’s worse than amnesty — it’s a pre-approved amnesty. You may not be deported if an ‘unaccompanied child’ is a member of your household. This will put human smuggling into overdrive. You could be an MS-13 member, anyone, any illegal in this country, just get a kid in the household, just traffick that child across the border, you got amnesty! That’s the bill he signed.

They’ll try to go to the Supreme Court and say, ‘Hey, I’m Commander In Chief! It’s my job to defend America!’. And the Supreme Court will say, ‘That’s funny, because whose signature is this on a bill that says the commander in chief isn’t allowed to build a wall? Whose John Hancock is on this?’

He has just signed away his inherent powers under the Constitution. It is over. There will not be a fence, there will not be a wall, there will not be a garden trellis, and there will be mass amnesty and open borders like you’ve never seen before. The country’s over, there’s no point to what you do, there’s no point to what I do, there’s no point to listening to this radio show because the whole country goes the way of California. America was nice while it lasted, but they outmaneuvered us, the people who wanted to destroy this country….

This bill passed the United States Senate 83 to 16. I understand some of the Democrats voted against it, so it won’t be held against them, they can’t be blamed for open borders. You know who can be? The guy who put his John Hancock on the bill — Donald Trump. Full open borders like something Hillary Clinton couldn’t have gotten through.”

So, is Ann Coulter correct in her assertions?

In seeking to confirm/disconfirm what Coulter said, I tried to find the primary source — the budget deal itself.

Infuriatingly, I couldn’t find a link to, or even the name of the budget deal in any of the news reports on the agreement. So I went to Congress.gov, and found the budget agreement among the 31 bill texts that Congress.gov received yesterday.

This is what H.J.Resolution 31: The Consolidated Appropriations Act of 2019, which was passed by both the House and the Senate, and presented to President Trump today, says, which confirms what Ann Coulter said:

(1) Effective amnesty, i.e., no deportation, for illegals with an unaccompanied child:

Title II, Sec. 224. (a) None of the funds provided by this Act or any other Act, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used by the Secretary of Homeland Security to place in detention, remove, refer for a decision whether to initiate removal proceedings, or initiate removal proceedings against a sponsor, potential sponsor, or member of a household of a sponsor or potential
sponsor of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on information shared by the Secretary of Health and Human Services.

(2) No wall, but only pedestrian fencing may be built on the border:

Title II. Sec. 230. (a) Of the total amount made available under “U.S. Customs and Border Protection–Procurement, Construction, and Improvements”,$2,370,222,000 shall be available only as follows:
(1) $1,375,000,000 is for the construction of primary pedestrian fencing, including levee pedestrian fencing, in the Rio Grande Valley Sector;

Sec. 230. (b) The amounts designated in subsection (a)(1) shall only be available for operationally effective designs deployed as of the date of the Consolidated Appropriations Act, 2017 (Public Law 115-31), such as currently deployed steel bollard designs, that prioritize agent safety.

(3) Not even pedestrian fencing in these areas:

Sec. 231. None of the funds made available by this Act or prior Acts are available for the construction of pedestrian fencing–
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center; or
(5) within or east of the Vista del Mar Ranch tract of the Lower Rio Grande Valley National Wildlife Refuge.

(4) Construction of pedestrian border fencing is subject to local authorities’ approval (which means there won’t even be pedestrian fencing in places like California):

Sec. 232. (a) Prior to use of any funds made available by this Act for the construction of physical barriers within the city limits of any city or census designated place described in subsection (c), the Department of Homeland Security and the local elected officials of such a city or census designated place shall confer and seek to reach mutual agreement regarding the design and alignment of physical barriers within that city or the census designated place (as the case may be). Such consultations shall continue until September 30, 2019 (or until agreement is reached, if earlier) and may be extended beyond that date by agreement of the parties, and no funds made available in this Act shall be used for such construction while consultations are continuing.

Sec. 232. (c) The cities and census designated place described in this subsection are as follows:
(1) Roma, Texas.
(2) Rio Grande City, Texas.
(3) Escobares, Texas.
(4) La Grulla, Texas.
(5) The census designated place of Salineno, Texas.

While what Ann Coulter said about the budget deal — the Consolidated Appropriations Act of 2019 — is true, does this mean that by signing the bill, President Trump effectively signed away his right as commander in chief to build a border wall?

Certainly, for Trump not to sign the bill would mean another government shut down — and government shut down has shown itself to be ineffective in pressuring the Demonrats to allocate the $5+ billion Trump wants to build the wall. But by signing the bill, Trump in effect agrees to the bill’s provisions, including its stipulation that the funds Congress has allocated for border security can only be spent on pedestrian fencing, instead of a wall.

But that doesn’t mean President Trump can’t muster funds outside of the Consolidated Appropriations Act of 2018 to build the wall, on the grounds of national emergency. Whether that will work remains to be seen.

H/t Auntie Lulu

~Eowyn

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Ann Coulter: By signing the budget deal, Trump signs away his right as CIC to build the wall
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Kevin Lankford
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Kevin Lankford

coulter has spoken too soon. It ain’t over…..Yet.

dkolb2010
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dkolb2010

I think it reads that the funds made available for the boarder in the newly signed H.J.Resolution 31: The Consolidated Appropriations Act of 2019, limits those funds so they only! Those only can not be used for any building of a wall between Mexico and America.
But I believe President Trump do not forfeit any of His Presidential ‘National Emergency Powers’ by signing H.J.R. 31 can still declare a National Emergency to protect American citizens as required by Law for Him to do so as Commander In Chief and use other government funds to build the wall!

Dan
Guest
Dan

Ann Coulter’s point about the country being over is correct as far as I’m concerned—it’s over whether the announcement (in the time since she spoke) about $8 billion in emergency funds being diverted for a wall pans out or not. Court challenges could stall construction past the next election, and I’d bet Ann Coulter would say that makes the emergency declaration just so much calculated hot air. The main point, however, is that it was the Republicans who blocked the wall for two years, not the Dems.

Steven Broiles
Member

Ann Coulter is a good “bomb-thrower”—always quick to shoot her mouth off. It’s usually amusing, but this time, it’s not. President Trump did not necessarily “sign away his” rights or duties as Commander-in-Chief by signing the budget bill, and he should be able to get the funding for the wall from other sources. Be this as it may, Nancy Pelosi has promised a fight, and the case or cause may well wind up in the Supreme Court. I agree with Mike King, writing for Dr. Makow today in that Trump “rope-a-doped” Pelosi in much the same way as Muhammed Ali… Read more »

Mistears Mom
Member
Mistears Mom

WTH is “pedestrian fencing”? I am so pissed about this bill I can barely see. What a crock. Its a joke. If Americans cannot figure out what these people are doing to our country then there is no hope, for them or us.
Immigration, refugees, asylees- legal or illegal is a pox on this country.
The only saving grace of this abomination of a bill is that it expires in Sept which will be smack dab in the forefront of the 2020 Presidential run.
They need to keep records and expose this farce.
I trust our President but this is so discouraging….

Auntie Lulu
Guest
Auntie Lulu

God Bless you Dr Eowyn for delving into this. I feel somewhat better knowing that some of the language only applies to the monies that Congress has authorized in this bill.

There is no doubt, we have traitorous minions afoot in our Congress. Their hatred of Trump allows them to put at jeopardy the lives, property and liberty of each and every American citizen

God Bless America, and God Bless our President–Donald J Trump!

Lophatt
Member
Lophatt

The ports of entry are only a small part of this. The Demonrats want votes, period. Beyond that they wish to carry out their owner’s mission of destruction. There was NO REASON whatsoever for him to sign this, especially once he decided to just build the wall. You KNOW its full of treachery. He could simply say “you haven’t behaved honestly so I’m going to veto it’. Let them scream all they like. I would go right ahead with my plans and tell them there will be no amnesty. “If you put it in the bill, I will not sign… Read more »

Lophatt
Member
Lophatt

Here’s a good overview: https://www.alipac.us/f8/trump-lies-nation-while-concealing-budget-bill-encourages-child-trafficking-369997/ Now, just to be logical, does he know this? If not, why doesn’t he? If he does why would he sign it? Remember, these are Communists. They are working for their Zionist owners. They want to destroy all we hold dear. They plan to use illegal immigrants to help them do that. Given that fact, would it be wise to look askance at anything they proposed? I think resistance with every fiber of our being is what is called for. So, much as I’d like to, I can’t see any good in this. He could… Read more »

Jj
Guest
Jj

I know I go to bed each night knowing 50% of this nation thinks it’s okay to kill babies in the womb as long as we allow babies from other nations to enter our borders–2 more decades, this country will be Muslim; and that seems the Congress goal.

JJ
Guest
JJ

Yes, lophatt–I’ve called it a coup since 2008.

Kaycee
Guest
Kaycee

Looks like Republicans and DJT got rolled by the Dems (again). We’ve got to KNOW that when they negotiate lengthy pieces of legislation, when it gets to be so lengthy that few are even able to READ it, the Dems have slipped stuff into it that’s awful. Don’t let them keep getting away with this! Or alternatively, do we have Repub negotiators who are traitors? Even then, this could have been stopped early-on, or by presidential VETO.

Pointless Walls R Us
Guest
Pointless Walls R Us

Ann Coulter now calls Trump an idiot. She needs to take that steel barrier out of her eye before trying to get that tiny speck of cement dust out of his. She’s becoming a loon as bad as the New Green Mean Machine that’s destroying everything around it. Amazon HQ is the latest thing it crushed and Ann focuses on the wall all day and night. Claims Trump is not going to get reelected 2020 because he promised it over and over again. She’s the idiot. All he has to do is keep draining the swamp, showing the swamp creatures… Read more »

TPR
Guest
TPR

Thanks for digging out the text of the actual bill; what a hassle just to find it, wow! I heard/read that it was over 1,100 pages long & that it had been “dropped late at night” Wed. by the Dems, so nobody had time to thoroughly read it. One HouseRep tweet I saw (unfamiliar name to me) was royally PO’d about that. POTUS tweeted at 9:27am Thurs./yesterday that he & team were at the WH going over the bill. Six hours later, circa 3:30pm, all the headlines began saying Trump WOULD sign it, grrr. That would mean somebody in the… Read more »

Jon S
Guest
Jon S

The language regarding restrictions on where, what, how much wall can be built is limited to the amount of the appropriation, or $1.75B. Any other funds POTUS applies to the wall will be subject to the appropriation that created those funds. It is very simple law.

Ms Coulter is dead wrong.

Hawkmoon
Guest
Hawkmoon

If Environmental,Conservation, Wildlife, groups & Globull Warmists were not hijacked and were really “For” the Environment,Conservation, Wildlife, & Globull Warming, they would be amongst the biggest supporters of the Wall and Immigration Moratorium & deporting invaders.