San Diego Union-Tribune

COURT BACKS PRESIDENT ON MILITARY MONEY FOR BORDER WALL

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A federal appeals cour t r uled Friday that a lower cour t was wrong to bar the Trump administra­tion f rom taking $3.6 billion from militar y constructi­on projects for a border wall.

A panel of the 5th U.S. Circuit Cour t of Appeals said that El Paso County and the nonprof it Border Network for Human Rights did not have the standing to challenge President Donald Trump’s redirectin­g funds from more than 100 militar y constr uction projects, including a $20 million road project at a base located in the city.

The appeals cour t found that neither the county nor the Border Network proved it was directly harmed by Trump’s move. The cour t reversed a December 2019 ruling by U.S. District Judge David Briones.

Trump took roughly $6 billion from militar y funds under a national emergency he declared in early 2019 af ter Cong ress refused to fully fund his demands f or wall f unding, leading to the longest government shutdown in histor y.

President-elect Joe Biden has pledged to end that national emergency, though the Trump administra­tion has locked in constr uction contracts with the f unding and already built many new stretches of wall across the southwest border.

The U.S. Supreme Cour t has already ag reed to review a different ruling on the use of militar y constructi­on funds.

The 9th U.S. Circuit Cour t of Appeals previously ag reed with a coalition of border states and environmen­tal g roups that contended the transfer of money was unlawful and that building the wall would pose environmen­tal threats.

In its order Friday, the 5th Circuit said it disag reed with the 9th Circuit’s r uling and would “decline to follow it.”

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