January 8, 2019

We talked yesterday about the possibility of President Trump going around Congress to get the money for a border wall by declaring a national emergency and using Defense Department funds to build it.  According to experts, he’s on solid legal ground if he uses construction funds that haven’t already been allocated, though we don’t know if there’s enough non-appropriated money to pay for the entire project.  And he could certainly make the case –- with drug and crime stats alone –- that this is indeed a national emergency, as I expect him to do in his address to the nation from the Oval Office Tuesday evening, the first such address of his presidency.

I like to think he read my newsletter and took my advice to give the address

Where the President would most likely face a legal challenge (and we know there will be one) is in the use of “military eminent domain” to obtain private property along the border.  Although the situations aren’t entirely analogous, President Truman tried to use a national emergency during the Korean War to take control of steel mills and was stopped by the Supreme Court.  I suggested that, for now, Trump concentrate on getting the money and building or replacing the barrier in places that don’t involve going to court to argue eminent domain.  Later on, at least if Congress returns to Republican hands, they can address that separate issue legislatively.

Today, we’ll look at other ways Trump could perhaps obtain funding.  Some readers have written me to support the idea of Trump using drug money –- specifically Joaquin “El Chapo” Guzman’s $14 billion –- or, alternatively, use a GoFundMe account or some other way of raising private funds online.  In fact, some were eager to donate.  So, can either of these plans work?

In December, AMERICAN THINKER ran a piece by Daniel John Sobieski describing a piece of legislation that has just been re-introduced by Texas Sen. Ted Cruz called the Ensuring Lawful Collection of Hidden Assets to Provide Order Act (the E.L.C.H.A.P.O. Act --- don’t you love it?) which would authorize funding border security with money confiscated from drug lords.  He first proposed it in April of 2017, saying that using the funds from Mexican drug cartels could “offset the wall’s cost and make meaningful progress toward achieving President Trump’s stated border security objectives.”  This kind of arrangement was what Trump was talking about when he said Mexico would, in effect, be paying for the wall.

Recall that El Chapo headed the Sinaloa Cartel, which is responsible for the murder of Border Agent Brian Terry –- with a gun courtesy of our own DOJ’s “Fast and Furious” gun-smuggling investigation.  But I digress.

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At the time Cruz came up with his bill, it seemed to some like a campaign gimmick that would be used primarily to raise funds for his own 2018 Senate race.  But now that the new Senate has convened, Cruz has re-introduced it.

In the House, Wisconsin Rep. Jim Sensenbrenner, a member of the Judiciary Committee, proposed similar legislation.  The idea of using drug money this way is appealing in its symmetry:  using proceeds from Mexican drug cartels to erect protection against...Mexican drug cartels.  Plus, it’s money that comes from bloodthirsty animals who victimize law-abiding people in Mexico as well as in this country.  But, of course, with the House now in Democratic hands, it’s unlikely that any legislation that funds a wall will be passed.  They don’t want Trump to get “his” wall, even though it’s really our wall, and even if we get it essentially for free.

And contrary to the lie being told by Democrats, we know that a barrier wall works.  The AMERICAN THINKER piece cites as proof the Yuma, Arizona, sector of fence built under the bipartisan Secure Fences Act of 2006 (which was supported by then-Sens. Hillary Clinton, Barack Obama, Joe Biden and others back before it became politicized as “Trump’s Wall”).  Though much of the fence that actually got built was not well-constructed (it was supposed to be modeled after the two-tier fence at San Diego, which has been “amazingly effective”), the Yuma sector got the proper infrastructure, plus lighting, roads and increased surveillance.  The chaos that had besieged Yuma was largely abated.

So, absolutely we should use cartel funds to do this.  But, as I said, we’ve got a Democrat House now, so good luck getting the legislation through.  If Republicans push hard enough and make enough noise about it, Democrats will at least be seen as the liars they are when it comes to saying they want border security.  They won’t be able to cite “fiscal responsibility,” which was a hilarious joke coming from them, anyway.  It’s hard to imagine Nancy Pelosi giving Trump the political victory, no matter what, but perhaps he'll find a way to make her an offer she can't refuse.

Incidentally, my friend Chuck Norris, who lives in Texas, has very enthusiastically endorsed this idea.  It’s time to unite behind this.  His piece is a must-read…

Of course, there have been other suggestions for raising money, mostly involving private donations.  Some of my readers have expressed the desire to contribute.  A GoFundMe page raised nearly $5 million in three days, but it wasn’t clear what was going to happen to those funds.  It seems that legislation would be needed to allow the use of private funds to build the wall, but none of the proposed bills gained traction.  And now, with the Congress in Democratic hands, it seems even more unlikely to be done legislatively.  No, I’m with Chuck Norris on this!



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Comments 1-24 of 24

  • Nick Carper

    01/12/2019 01:13 AM

    Let's build that wall NOW.

  • Robert Corso

    01/11/2019 07:43 PM

    It seems to me that another way to fund the wall is charge a toll fee for anyone crossing the boarder's into the U.S. Even from Canada. Why not?

  • Sheree Foldesh

    01/09/2019 09:45 PM

    I had the same idea, using drug cartel money. I even emailed a couple of
    Senators with the idea, but never heard back from them. This would work!!!!!! and since it is considered Mexican drug cartel money, in essence Mexico would be paying for the wall WIN! WIN! Or let a couple hundred illegals come through and give them a card with directions to Nancy Pelosi and Chuck Shumer's residence and tell them they have agreed to house them for as long as needed. LOL!!!

  • Virginia Stephens

    01/09/2019 06:07 PM

    I THANK YOU for running this info about the drug money and Chuck M.
    I am on board to promote this.
    Thank you. ( No eyes but yours please.)

  • Patricia Samodell

    01/09/2019 12:29 PM

    Texas has the right idea what I don't get is why this is not in front of our President as a means to build the way to secure the border. Honestly if we the people support the wall and pay for it by getting money use also from all these cartels in the first place and all the go fund me be used as pledges then these idiots who are opposing Trump for political reasons have no excuses left and nothing to hold up opening the government but the need is right to hold all proposals etc accountable. The opposers after the presidents address last night need to be ousted from handling our affairs because they only know how to obstruct and misuse power end their terms immediately. Amen

  • Mark Seibert

    01/09/2019 12:14 PM

    Hi Mike. You're article on the Church Norris approved message for border security is brilliant. It should be broadcast all over the internet and news media to show the hypocrisy of the Democrats, as they also funded some of the barrier in the past, and to how effective that barrier was. But aside from that, here is my comment.

    The E.L.C.H.A.P.O. bill is also brilliant, but as you said, to get it passed through the Democratic House might be impossible. So maybe the President will have to trick the Democrats into a bill that will get the wall built. Perhaps the President can tell the Democrats he might be willing to drop the wall from the spending bill, but in return he wants more funding for the military, and then don't designate this spending and then it can be used to build the wall. But don't make this the big issue. In negotiations, get a lot of what the Democrats said they want for the border. I think they have suggested more electronics and surveillance etc. The President could get all of that, negotiate for more agents (in what seems like a concession for no wall) and get everything else he can out of the Democrats, just so they think they can say they won and there won't be a wall. So the President can maybe get a lot, maybe everything else he wants, maybe even get some spending cuts in areas needed, and at the end slip in the extra spending for the military (if possible), and it's done. He gets everything. Then maybe he can go on a speaking binge and show the Democrat's hypocrisy and share what you shared in your newsletter and tell the American people that with the E.L.C.H.A.P.O bill Mexican money will be spent to build the wall and try to get that passed as a secondary means for the wall. At least he could show how the Democrats have no virtue at all and they don't care about Americans at all, but always change their views only to resist and demonize Republicans and try to scare Americans to keep these Democrats in power. And if he gets the E.L.C.H.A.P.O. bill passed it would be gravy. And at least trying to use Mexican money, and speaking to the American people about this bill, he can show CNN and MSNBC viewers that the President didn't lie about this campaign promise, but that there really is a plan and a way to do this.

    God bless,


  • Patricia Owens

    01/09/2019 09:33 AM

    Sir: A great idea on the use of confiscated money for properly building the wall. And, Tolls at crossings sounds Very Good, as suggested by Joe M.
    Also, on the tax returns of old, there was a box to check if the filer wanted to donate a dollar or two to the government. Whether it is still there as of 2018 tax returns, is unknown to me. Is it possible to add/change the box to request to a donation for building the wall?

  • Michael G Langley, MD

    01/09/2019 09:22 AM

    On funding the border wall ...Would it be possible to give the go-fund-me funds to private land owners? At the same time, including a guarantee that they will build their part of the wall, with that money? Keep the government honest. They are supposed to be protecting us, not endangering us, with their political games! If they won't do their job, maybe we need a way to force the government's hand! Part of it might be doing as they did with the presidency. The power is being abused by power brokers. They have been in office much longer than the founding fathers wanted. Term limits are needed for all!

  • Mike Hardy

    01/09/2019 09:10 AM

    Why can't the border regions be made a military reservation and let the military take care of trespassers?

  • Janelle Hultman

    01/09/2019 12:54 AM

    Greetings, I gave to gofundme for the wall because I believe the wall will be built. Congress may hear from the people with the gofundme determination from the American people. Little David fought the giant Goliath because David knew His God!

  • Teresa Carstensen

    01/08/2019 11:58 PM

    OK. See if you can do your magic (as you did by writing the suggestion that Trump give an address about the border!) and get some of this on his agenda. He could drop the wall if Dems would agree to Ron Paul's suggestion (a "Must Read"): [Paul, who also is an obstetrician-gynecologist who has delivered more than 4,000 babies, said he saw too many occasions where people came across the border to have a child and then immediately sought welfare.

    “I’m an OB doctor … close to the border, so people would pop in and have a baby, and all of a sudden the next day they went to the courthouse to sign up for all of the welfare programs. That’s not the way citizenship should be handled. So if you remove all of these incentives — the welfare state, easy road to citizenship — and expose the people who are pushing this because they’re looking for more voters, you don’t need a wall.”] See more:

  • LYNN A Thompson

    01/08/2019 06:04 PM

    I agree with using confiscated drug money to build the wall. After all this is one of the major reasons we need it. It's no different than local cities and counties using confiscated money, vehicles etc to fund upgrades in their police departments.

  • Gregory Hawkes

    01/08/2019 04:28 PM

    Wall must be built and soon.The Great Wall Of China still stands to this day!Look how long the Berlin Wall separated the. German east and west.Walls do work,don’t let the Democrats leave our borders open to criminals who enter our country to murder corrupt and flaunt our laws!

  • James-Lynn Jonas

    01/08/2019 03:54 PM

    Keep up the steam, Ted Cruz! Push them to use that drug money to build OUR wall.

  • Soreta Myrick

    01/08/2019 03:53 PM

    I would like for the wall to be built in my life time. I would like to see Pelosi loose her security and see how it feels. She doesn't care how many people get killed as long as she and her family are safe. Come on Nancy. For once make this about others. We pay you, your 6 figure salary. Build the security wall . It will make you look like an honest person.

  • Joe Marquez

    01/08/2019 03:39 PM

    Very good ideas
    How about a charge or toll at the boarder paid by north bound traffic
    To cross, could generate money for wall and border protection

  • Dennis Priest

    01/08/2019 03:36 PM

    As a MARINE VETERAN,I believe we should use all means necessary to BUILD THE WALL,SEMPER-FI USA TILL I DIE

  • Elyce P Lyles

    01/08/2019 03:12 PM

    I love you idea of using captured cartel money to build the wall. We've needed a wall built for many years. We will never get a handle on illegal activities crossing our borders until we make a barrier. While I feel bad for the situations many endure, we still can have a legal process for asylum needs. My relatives from NM have wanted something done for 40 years.

  • Ron Besse

    01/08/2019 03:08 PM

    I am for funding the wall from whatever source of money is available. The Democrat's are not going to move on the subject. I just hope voters remember this in 2020. As a side note since you didn't ask for comments. I am all for universal background checks. I have a concealed carry permit and had to have a background check as well as attend classes before receiving my permit. Part of the training included a short session in actual use of the weapon at a firing range. There are far to many crazies out there to not at least have background checks especially for private party sales and even sales to relatives. We can't allow the 2nd amendment to allow sales to anybody and everybody.

  • Janice Lamb

    01/08/2019 02:42 PM

    Question:Could each state build it's own portion of the wall with funds raised by any legal means? We who don't live in border states could contribute if we wish to.

  • Gregory M. Fota

    01/08/2019 01:56 PM

    CHAPO Drug Cartel Funding is a great idea! Who is in control of those drug billions now? Can Trump access this without Congress??

    Fantastic way to put "bad" money to a good cause!

  • Sharon Byrkey

    01/08/2019 01:54 PM

    I think this sounds like a GREAT way to get the border wall done. I'm tired of hearing all the negativity surrounding anything President Trump does to make America great again! Anything he does which has proved positive for us has been met with harsh words from the media, celebrities, & Democrats!!!

  • Karen Fisher

    01/08/2019 01:44 PM

    The wall needs to be built and Democrats do everything they can to keep Republicans from doing things then do it themselves to look good.

  • Cath

    01/08/2019 01:42 PM