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Misleading Headlines, as Trump Changes Federal Judiciary

trump serious judiciary headlines federalAs the presidential election heats up, anti-Trump media are going into overdrive.  Headlines are increasingly shrill – and inaccurate.  We know it, but examples make the point: Stay alert.

From regular misquotes and twisted inferences to blatant anti-Trump reporting, examples of media bias are growing.  Here is one from this week – in need of correction:  On June 26, CBS pushed the headline “Trump lacked authority to use military funds for border wall construction, court rules.”  In other words, Trump loses.

Is that right? Not quite – not by a long shot.  Here is what really happened.  The left-leaning 9th Circuit US Court of Appeals, in a 2-1 decision, reverted to form. Two Clinton-appointed judges outflanked a thoughtful Trump judge, to produce a snappy, unreasoned holding.

What did it say?  It said Trump was constitutionally disallowed from moving $2.5 billion dollars in Defense funds to the southern border wall.  They held Congress had not expressly given the President power to transfer that money, so no dice.  Well, here we go again.

In truth, every President in modern times has transferred similar funds – whether by top-level OMB transfer or reprogramming within and across departments, including Obama and Clinton. See:   www.everycrsreport.com/reports/R43098.html#_Toc360781176.  The process is hardly novel or unconstitutional.  That said, the 9th Circuit ruling got a big headline.

While statutory limitations can appear in an authorization bill, they can also appear in appropriations language. Often authorization bills lag appropriations – sometimes by years.  The money still gets spent and is often transferred. That bit is not analyzed by the 9th Circuit.

Moreover, a President possesses wide latitude in assuring national security, under Article II, section 1, clause 1.  He is permitted discretion in protecting our country as Commander in Chief, even along the southern border.  None of this is reported, nor discussed by the 9th Circuit.

The latest ruling seems more absurd than usual since Congress has been passing multitrillion-dollar bills. The $2.5 billion transfer is the cost of Congress’s salaries, staff, travel, and franking.

So, why another anti-Trump ruling – especially after prior reversals?  To empower critics, of course.  Says CBS: “The decision by the 9th Circuit Court of Appeals is a setback for Mr. Trump, who has been vocal in his commitment to follow through on a campaign pledge of erecting a wall at the southern border to deter unauthorized crossings and drug smuggling.”

CBS rebukes Trump for a “rallying cry” to “crack down on illegal immigration,” says he did not get the “Mexican government to finance the ambitious project,” has produced “little success,” and two years ago caused “the longest shutdown in American history.” Hmmm.

Truth is elsewhere.  More than 200 miles of wall are built, Mexican trade negotiations were successful, “shutdown” was partial and short, delayed federal pay quickly recouped.

Finally, the article does not bother to say the ruling will likely be reversed. Justice will file an appeal to the Supreme Court, which ritually flips 9th Circuit rulings, including one last summer blocking the same amount of money – $2.5 billion – to let Trump transfer from defense to wall.

Reality is not in headlines. More than 80 percent of 9th Circuit cases are reversed.  This one likely will be.  The US Court of Appeals for 5th Circuit, relying on last year’s Supreme Court ruling, gave Trump transfer authority for $3.6 billion from defense to the wall in January 2020.

Big picture, Trump is winning.  America has 870 federal judges. The Senate has confirmed 200 Trump nominees to the federal bench, restoring rationality by seating non-activist judges.  At present, there are 73 added vacancies, 44 nominees pending, 12 awaiting a vote.  So, the tide is turning – slowly, but turning.

The latest 9th Circuit anti-Trump ruling, like headlines trumpeting other losses, is election-year noise.  If the ruling has meaning, it is this: Trump scares them.  He is re-seeding the federal bench, and those who wish to see the trend continue should stay focused on November.

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Lincoln Sorensen
6 months ago

I love and respect all the comments wherin they endorse the reelection of our president Trump. I would also like to respectfully remind everyone that teo actions are imperative in this upcoming election. 1. ALL conservatives must cast a ballot so as to overcome all the illegal votes and the votes from the graves and the multiple votes from the states who have mail in voting. 2. We must provide our president some much needed help by voting all red. Sure, some of those red candidates are democrat plants AKA RINOS, but we need a republican majority in both the house and senate so president Trump does not need to resort to Executive Order during his next 4 years. He can actually get laws made, rather that E O’s which can be simply reversed by E O’s by subsequent administrations.

JohnH
6 months ago

Guess this has been judge system for a long time, but it does not seem partisan or neutral if the standing President can appoint all of the judges they want to vote in their direction. Do not these judges have to follow constitution & laws ???

JohnH
6 months ago

Article says 200 miles of wall built…..How many miles of this under Trump admin. & also remember Steve Bannon group came up with dollars to build 2-miles last year. Read article lately that only 3-miles of new wall built by Trump. Can anyone tell me the true story on wall since Trump.

Dean Brittain
6 months ago

Believe me, I am focused!

Randolph Scott
6 months ago

God bless America and piss on the democrats .

Randolph Scott
6 months ago

 

Wendy Sampson
6 months ago

The press has lost all credibility and Congress is right there with them. It just proves our founding father’s right in diversity of powers by having so many checks and balances.

PTY
6 months ago

The choice is clear come November either to empower the Government (Socialism) or empower the people (Capitalism)

aluminum head
6 months ago

Soros must be severely dealt with on a permanent basis. The Feds know ow to make people disappear. Time for them to get orders to do that. We are fighting communism. Period.

Linda
6 months ago

Well-written article, carefully explains the “facts” – so very tired of the continued hype from the left/MSM/Fake news. I hope that the 9th will be over-ruled – again- but with John Roberts having flip-flopped to the “dark side” – who knows? Keep up the good reporting!

E. Fletcher
6 months ago

This whole thing from the virus to the riots is Democratic/ shadow government created. Just like the fake Russian dossier that Hillary contributed $1.2 million toward. We all know who is involved. They’ve been working on this for years. A Harvard researcher was arrested for aiding the Chinese with the Covid virus. One big lump payment then $50,000 a month. They have since arrested various contributors from our scientific community for the same thing. If I remember correctly, about 56 others. It seems everything has become corrupt. It’s all about money. Follow the money. However, too many are being bought by the Chinese and if it doesn’t stop, they will own us completely. Now I read the Chinese are printing millions in counterfeit money and sending it to the states. They are printing $1.00 bills that usually are not scanned or tested. Talk about blowing our economy. Beware and get ready to protect yourself.

John A. Fallon
6 months ago

Judges and lawyers need to be smacked down when they overstep thier LEGAL AUTHORITY and twist the truth to get what they want, they are ALL CIVIL SERVANTS, EMPHOSIS ON THE WORD SERVANT, to do otherwise is obstruction of justice and treason, they are STEALING THE POWER FROM THE PEOPLE. VOTE!!!! MAGA, KAG!

JOSEPHINE POOLEY
6 months ago

Truth is always refreshing!
 

Art A
6 months ago

The MSM is relatively useless. No news only comment. Again,no matter what POTUS does,it is wrong,illegal,or unconstitutional. It is interesting how the MSM uses the constitution when it allegedly serves their purpose. TO QUOTE SPIRO AGNEW. HE CALLED THE MEDIA “THE NATTERING NABOBS ON NEGATIVISM.”

Casey C Matt
6 months ago

Arm yourself as even our great President may have some lag time in getting police officials on overly leftist out of control areas of the country. If you think its necessary get some firearm self protection insurance, some easy but fun training so if you cannot count on the law you can rely on yourself for your protection and with something like USCCA insurance you will have no legal nor monetary worries if acting in your own or your familys defense

Cjschutte
6 months ago

Can’t stand the ridiculous propaganda and scare tactics. It is truly hard to believe how blind people are to the fake news comments. Personally, I have stopped watching the news. I only watched it fir the weather anyway.

Ludwig
6 months ago

If business owners would protect their property with a shotgun and 00 buck the news media could talk about a short term riot that was stopped in its tracks.

Marilyn
6 months ago
Reply to  Ludwig

But when they try, they are demonized by the “politically correct” and if they actually use force, are jailed. This has happened. An owner of a shop found his shop broke into and being vandalized and fired a shot at one of the intruders who failed to leave and was charged with murder. How does this happen? I thought you could protect your own property in the USA?

charliearlie
6 months ago

 

Charlene Troutman
6 months ago

Many malicious gossipers are trying to stop our President Trump. I pay attention , not only to what he says, which mostly rings with truth, but also focus on what he has done & is continuing to do!! God is helping President Trump and American people.

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WaltW
6 months ago

Isn’t the 9th circuit the most overturned court in the US?

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