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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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Jack
1 month ago

I think this has been the main objective of the prolonged shutdowns. Keep people separated and pump them full of fake news and propaganda via the biased media and fakebook. My support for President Trump will not diminished.

Patty L
1 month ago

I wish there was one network news source that reported the truth! Not everyone has access to Fox News. This leaves a lot of the country being fed the lies. I only have an HD antenna and cannot afford more and I’m sure I’m not alone. I’m so thankful for AMAC….at least I hear some of the truth.

Ed J
1 month ago

Let’s pray that President Trump is able to appoint a conservative judge to EVERY federal judicial vacancy before the end of his first term. Then, after winning reelection, let’s pray that he gets the opportunity to appoint at least one (hopefully two) new justices to our Supreme Court. With the appointment of all these new judges, America might – just might – have a chance to right our ship of state and preserve our nation and its freedom.

Gordon
1 month ago

Unless I don’t know all of the facts, these judges can not legislate from the bench and create whatever kind of laws the want. And they should be removed and arrested for trying to do just that.

Steve Greenwell
1 month ago

The mainstream media remind me that the two major Soviet rags were Pravda [“truth”] and Izvestia [“news”]. The Russian people had a saying: “There’s no truth in the news and no news in the truth.”

Patriot Will
1 month ago

Even Fox News sometimes makes statements against President Trump that turn out to be false. President Trump is easily the most open and honest president in my lifetime. Instead of the American people showing fairness and gratitude, many Americans are so hostile that President Trump is often treated with sarcasm, disrespect, and hate. The mainstream propaganda machine is a total disgrace run by a bunch of ill-informed fools. If President Trump does not win again, it won’t take very long before most Americans realize the error of their ways!

Mike J.
1 month ago

Seems harder and harder to find news you can trust. I for one believe President Trump is doing the best he can, considering how biased media is against him. He has to fight for anything he tries to do, sometimes with fellow republicans! I love this Great country, and I believe President Trump does also. Those on the left just want control of all the people and all the power. I and my family will certainly continue to contribute, and vote once again for him! God Bless America as we know it, and pray we don’t lose the America our… Read more »

John P Latimer
1 month ago

Keep the pro Trump articles coming and continue to point out the fake news from main stream news media. Conservative view points and pro conservative news is being squashed more than ever, to the point of totally suppressing free speech! We need as much support for true conservative ideas and news as we can get and AMAC is a key voice for Seniors and all Conservatives!

Rick J.
1 month ago

The democrats will do what ever they have to in order to steal this election. An American revolution is on the horizon.
If we want to stay free we are going to have to fight for it. Buy a weapon learn how to use it.

‘Nonymous
1 month ago

Of course the headlines are misleading! Show me one honest headline by the MSM!

WaltW
1 month ago

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

Matt Petryszak
1 month ago

A law should be passed that any Federal Judge or Judges rulings that overturn by the Supreme Court should automatically be removed from their bench after 2, 3 or x number being overruled since they obviously don’t understand the Constitution or the requirements of their appointment.

Martin
1 month ago

The ninth circuit to be split.

Larry W
1 month ago

The “Planned-demic will never go away, masks will never go away, riots will never go away and the economy will never recover if Biden gets elected. Like Trump or don’t like Trump, BUT—- Trump is the only choice to get our country back on track again !

Steven
1 month ago

If this Republic is to stand, I sincerely believe Trump must win in this upcoming election. Should he not win, hold on tight because I think it will all be over, and God help us.

Ludwig
1 month 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.

Brenda Blunt
1 month ago

I remember when the media actually reported the truth and not their own agenda!! People, prayerfully, will remember how they were treated during this pandemic and what Congress did and did not do for them. Lord help us all.

HelenC
1 month ago

No one raised a whimper when Obama administration with Elizabeth Warren in charge of Consumer Protection Financial Bureau CPFB created slush fund to launder funds into left wing causes. Just like Clinton Foundation did. CPFB employs 741 employess. One in 4 employees take home $150,000 or more.

Rick
1 month ago

President Trump is winning. We need to support him and all Republicans in lower positions. Don’t forget about local elections!

Charlene Troutman
1 month 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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