Evening Edition - January 7

January 7, 2019

There have been a lot of attempts at spinning the story of Newman, California, Police Cpl. Ronil Singh, a legal US immigrant from Fiji gunned down during a DUI traffic stop (allegedly) by a known illegal immigrant with a history of DUI arrests and suspected gang ties, but who was still cruising around free in California.  At Cpl. Singh’s funeral, hundreds of police officers and thousands of community residents of all races and backgrounds came to pay their respects, and what is sure to be one of the saddest and most iconic photos of 2019 was taken, showing a kneeling police officer presenting the American flag from his casket to his widow. 

https://www.breitbart.com/politics/2019/01/06/photos-hundreds-police-officers-thousands-community-attend-funeral-american-hero-ronil-singh/

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As various cable news outlets desperately try to deflect blame from “compassionate” liberals whose policies on border security and “sanctuary” states insure that criminals from other nations continue to circulate freely among us and prey on Americans, one news outlet did something different that was genuinely compassionate.  Since this doesn’t fit the liberal narrative, it probably won’t get the recognition it deserves.  But this is what people who truly do care about their fellow humans do instead of making excuses for killers and their enablers.   

https://www.westernjournal.com/ct/fox-news-helps-pay-off-mortgage-widow-calif-cop-killed-illegal/

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If there are any Democrats left in Congress who still have the ability to reason, they might want to read this story and scurry back to the negotiating table.  They’d better get the government shutdown ended before Americans start asking inconvenient questions, like, “Say, do we really NEED an expensive federal bureaucracy just to pick up litter in the park?”

https://www.dailywire.com/news/39989/what-shutdown-private-companies-step-care-national-emily-zanotti

 

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News you probably didn't see reported because it might make the President look good: just before the New Year, President Trump signed the Ashanti Alert Act into law.  Named after 19-year-old Ashanti Billie who went missing last year in Norfolk, Virginia, and was later found dead in North Carolina, it creates an alert system for missing persons too old to be covered by the Amber Alert system.  This is something every American should be aware of, since it can help save lives.  Details at the link.

https://www.westernjournal.com/trump-quietly-signed-ashanti-law-new-year-began/


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If the Democratic Congress refuses to appropriate money for border security that includes a wall, what can Trump do?  Alternatives would seem to fall into two areas:  1) declare a national emergency and use the defense budget, and 2) find another source of funding such as confiscated drug money, online donations, etc.  Let’s look at 1) right now, with a follow-up tomorrow on 2).

There would definitely be a court challenge, because everything Trump tries to do is met with one.  Matt Naham at the Law & Crime website has examined the “national emergency” argument after Trump asserted that he has the power to bypass Congress by declaring a national emergency and building a physical barrier along the border.  He quotes a constitutional law expert, University of Texas Law Prof. Steve Vladeck, who said there’s precedent from one 1950s Supreme Court decision that will cause such an attempt to fail.

Vladeck said that “there was once a major #SCOTUS case in which the President seized property within the United States during what he claimed was a national emergency even though Congress hadn’t authorized him to do so.”  The President was Harry Truman, and the case was Youngstown Sheet & Tube Co. v. Sawyer.  The situation sounds very different to me, as it involves taking control of commercial businesses:  During the Korean War, Truman feared the consequences of a protracted steelworker strike, so he asserted control over the steel mills through Executive Order on national security grounds.  He was reined in by an opinion from Justice Hugo Black.

It does seem to me that right now, Trump should be talking mainly about getting the funds to build the wall, not the confiscation of private property through “military eminent domain.”  The question of eminent domain (with property owners being justly compensated) will become relevant in certain border areas as construction continues, but the ability to seize property is not the first issue to tackle.  He should focus on funding and construction where we can get it done without going to court with property owners.

Prof. Vladeck also noted that although there are laws on the books allowing “military construction projects” when a President has declared a national emergency, the amount spent must come out of “un-obligated” funds, meaning that they haven’t already been appropriated for other military construction, including family housing.  If Trump really is limited to that amount, he’ll have to do the math to see if he can get enough money that way.  I would also think this limitation would apply strictly to the physical wall and not to any manpower or technology that accompanies it.

You lawyers out there, what do you think?

https://lawandcrime.com/high-profile/legal-expert-trumps-idea-that-he-can-build-the-wall-on-national-emergency-grounds-is-destined-to-fail/

John Fund at NATIONAL REVIEW cited the same steel mill case.  He said, “Few legal scholars believe that the current Supreme Court --- the conservative portion of which is steeped in Federalist Society principles of limited government --- would give Trump the benefit of the doubt in a non-war situation.”

On the bright side, Fund cited the same law mentioned by Prof. Vladeck as a way of possibly getting the money.  Trump can legally use Defense Department funds that are “un-obligated” to fund construction projects during war or emergencies.  According to Harvard Law School Prof. Mark Tushnet, Trump is “on very solid legal ground” in doing this.


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The problem comes if Trump tries to use “military eminent domain” to confiscate property.  According to Fund, the military owns less than one-third of the land adjoining Mexico.  (Note:  at least that’s one-third of the problem solved!  Start building.)  The rest belongs to local governments, Native American tribes and private property owners, some of whom may not want to sell.  As a real estate developer, Trump gained a reputation for not always giving due respect to private property rights when they got in the way of a big construction project.  He will need to exercise care when venturing into that area as President.

Fund cites a Quinnipiac poll from last month saying that although support for the wall has risen 10 percentage points in the past year, 54 percent said they didn’t think a wall was necessary for border security.  Experts in the field tell us it is, but Democratic politicians tell us it isn’t.  Come on, folks, who ya gonna believe?

To end the stalemate –- and the partial government shutdown –- Fund suggests a change in tactics.  Trump should brand Congress as irresponsible when it comes to border security (I call that choice of words “being kind.”) and say they’ve given him no alternative but to direct the Defense Department to use some of its unallocated funds for border construction projects.  Legally, it appears he’s in the clear to do this, so let’s go!

https://www.nationalreview.com/2019/01/trump-border-wall-construction-pentagon/

 

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Comments 1-25 of 32

  • KAREN RUSSELL

    01/13/2019 03:03 PM

    Where did Obama get the money to send to Iran? He seemed to do whatever he wanted but then again he wasn't fought on what he did. Whatever he did was just wonderful. The president needs to get the wall built - stat - scrape money from where ever possible, go-fund-me, DoD, etc. and if there are problems with eminent domain skip over them and keep going. It's true, once illegals start pouring through the holes the people will beg for the wall. No more playing games with the damn dems!

  • Maggie Morgan

    01/10/2019 10:03 PM

    Mike: I am extremely saddened by the death of Cpt .Ronil Singh from Fiji. Such a heartbreaking story that we heard so little about
    In the News. I am not surprised by how much he was loved and admired. I have been to Fiji many times and what kept me coming back so many times were the people. The people in Fiji are such loving ,caring and family oriented people they have a kind and gentle nature. I was in the travel business for 40 years and my most favorite place in the whole world is Fiji. May God bless all of Ronil,s family and friends they can be assured he is with God in Heaven.

  • David Nunes Tucker

    01/09/2019 04:49 PM

    Mike: I've been nagged into looking at your stuff by my wife and having done so, am so glad to be on board. Keep up the good work.
    God Bless you,
    Dave

  • Lynn Barr

    01/08/2019 09:05 PM

    It is beyond OUTRAGEOUS that people leave their trash on the ground BUT that is probably how they live - their houses are probably pig pens. Everyone that can walk can deposit trash in trash cans - and then all that needs to be done is tie the plastic bags and put the bags in garbage truck. TELL TRUMP BUILD THE WALL I don’t want one dime of my tax dollars to feed or house illegals! They are NOT welcome here in the US. We give too much money to foreign countries now and it goes in some one’s pocket NOT to help their poor. SCREW them because they are screwing us,

  • Mona Lisa Killion

    01/08/2019 09:01 PM

    Regarding Kevin Hart being told he must apologize “again and again and again, regarding childish comments most of us make, when he was 15, I would like to share the way I was taught to apologize.
    Whenever a person apologizes to me, I simply say “thank you, I appreciate the apology” and I apologize if necessary but I have to apologize for the right, heartfelt reasons. BUT once the apology is given, under no circumstances are either parties allowed to say anything further on the subject such as “but you always, you never or anything that will start the whole conflict all over again. It works every time. I learned this from my late father in law Jim. It takes a bit of getting used to, resisting the temptation to expound on the original argument. But it smoothes ruffled feathers quickly with no lingering effects. Unless one party doesn’t let it go. Then it’s “here we go again”

  • Jo Dixon

    01/08/2019 12:57 PM

    did honduros claim a national emergency because about 1/3 of their population is not immunized for measles and mumps? is dengue and tb claiming lives at the border? what diseases are coming through. this ( even according to hondourus) is considerd a national emergency.

  • Gordon Young

    01/08/2019 12:27 PM

    I would like to see as often as possible the images and words of former President Obama, former Secy of State Clinton, former President Clinton and Senator Shumer when each of them emphasized how important it is to know who is coming into our Country.

  • Susan E LAKE

    01/08/2019 12:16 PM

    Check out the GoFundMe Build The Wall by Brian Kolfage Fundraiser when you discuss option #2.
    $19,583,031 of $1.0B goal - Raised by 325,652 people in 22 days.

  • Rosemarie Giovanoli

    01/08/2019 10:53 AM

    Where did Obama get all that cash to send to Syria?

  • jo dixon

    01/08/2019 09:51 AM

    how about the go fund me build the wall? what is the verdict on that? it shows me a whole lot of people believe in the wall. will the dems fight it as well? seems to me 19 million could buy a huge chunk of steel. please tell me what is up with the go fund me wall>

  • albert behrens

    01/08/2019 09:39 AM

    Excellent analysis!

    This year I will be 80 years old. The good Lord has made it possible for me to be physically and mentally healthy.

    Would join other volunteers to assist building the wall, and performing jobs that the government says are necessary - with other people's money, of course!

    Would also participate in a several million person march on DC to re-structure the IRS and eliminate the idea that politicians must live on our Dime.

    One should not serve our country on tax payer funds! Only successful individuals should serve our country and not make a career out of politics.

  • Eleanor Kennedy

    01/08/2019 09:30 AM

    Mike...Do the taxpayers of this country not understand what all these illeagles is costing them in terms of all the freebies many of them receive by an large. Free health care, free schooling and many other things that even the taxpayers can't afford. We give money freely to countries that have total disregard for us and often hate us but we can't convince the democrats that we need a barrier to keep these people from flooding our nation???? They are in it for the power not for what we pay them big money for and that is to do what is right by the very people who pay their saleries and their generous retirements................Eleanor Kennedy

  • Vickie Fiorentino

    01/08/2019 09:08 AM

    Build it...The government has taken away from the native tribes since they have been her (unlike Warren, I can claim Cherokee heritage) and the private owners, with the NA should welcome the fact that they would have less to worry about with unsatisfactory, silly, humans coming across at their point of entry...Built it!

  • Stephen Russell

    01/08/2019 08:56 AM

    Govt Shutdown: Do we need such a Massive Govt after all??
    Why should Govt do stuff Private Enterprise can do better?
    OK leftsts comments, ?
    Leftists The Problem source.
    I say privitize as much of Govt doable.

  • Jerry Holland

    01/08/2019 07:15 AM

    Mike, many of us still want to hear from you on why the story on slush funds in Congress to pay off sexual assault victims by Congressmen has been silenced. Where are the names? Why isn't this story still on the front page? Why are you and everyone else ignoring it now? Who is paying off the media and innocent Congressmen to silence this story?

  • Vincent P. Mayfield

    01/08/2019 06:18 AM

    He should grab unobligated military money, confiscated drug money and what ever he can to move the wall forward where he can. Then shift Border Patrol assets to other sectors.

  • Robert Leeper

    01/08/2019 04:42 AM

    The problem of eminent domain is a tough one. My thoughts are you build a barrier where you can, and when all the illegals conrtinue to come through the holes that are remaining, people will beg to have a barrier constructed on their land.

  • Amelia Little

    01/08/2019 02:04 AM

    As can be expected, democrats are blaming the shutdown entirely on President Trump, and I'm sure they will include Republicans because that is the way they roll. They never seem to understand that compromise means a bit of give and take on both sides. For some time now, especially noted in previous shutdowns, they didn't really want COMPROMISE, they wanted Republicans to CAPITULATE to everything the democrats demanded. No give and take. Well, they usually mentioned they'd "give" on some other issue the Republicans were wanting to resolve, but it seems more often than not, when that time came democrats conveniently forgot that part of the deal. You'd think they would be embarrassed about their complete about-face on border security which occurred the first time Donald Trump mentioned his stance during the campaign. You'd think the voters would recognize their congressmen just being obstinate obstructionists and quit voting them into office. I wonder how many communicate with their congressmen about their still wanting border security--and do the congressmen even read or care? But, alas, since a good number probably only get what is supposed to pass as "news" from msm, they are getting only the false view of what's going on.

  • Rebecca Holstine

    01/08/2019 01:16 AM

    I have been wondering, why do we need federal workers to pick up trash? Aren't there many companies that would be happy to have that contract? They could be responsible for the wages and if they needed more workers, HEY...more jobs are made. I am quite sure there are other jobs that don't need federal workers and could be contracted out. If they are non essential then they sure aren't needed for our National Security. So I don't see why the government needs to be paying them, and the tax payers need to be paying the bill.

  • Jerry Korba

    01/08/2019 12:53 AM

    It sounds as everybody wants to be in court over land and border walls, eminent domain great. Get it over with but please before that will someone go to court for murder by illegals and the people who let them out of custody please can we hold those people and organizations accountable for aiding and protecting them to me that is a bigger fish to fry. Send a message let a felon free pay the same price the felon gets for his crime. Build the wall then go to court tie it up for a decade follow the plan Mueller is using. One other question I had Gen. Mad Dog Mattis and Gen. Kelly as honorable men please let me know are these 2 Generals the same as Corker, Flake, taking money from the outside to influence my President, they are gone now, may have truth attached to it. I had hope those 2 could have been honest they are human big money big corruption.Nice going guys. I do not think they need an isle in Congress or the Senate mix em all together it just doesn't matter President you have been on your own for quite a while. Trust it does not happen in DC. I do Pray for President Thump; like Huck said today and I have mentioned it myself drain the sewer not the swamp the swamp is to good for the people you have around U President Trump the people U have there come from the sewer!! Drain it fast.....

  • Judy Barr

    01/08/2019 12:45 AM

    Why doesn’t President Trump just ask for money for Border Security and leave it up to the experts to determine what that should be. The experts have already said that a wall is the best option so we would get a wall without having the President blamed for it.

  • Kenneth Nicholson

    01/07/2019 11:36 PM

    If walls are not needed and immoral , why not take the barriers from around Congress and move them to the border. It should help a little and Congress would feel a little less hypocritical. I heard on radio the suggestion of removing the walls around Congress.

  • Mary Russell

    01/07/2019 11:22 PM

    Regarding Judge Ginsberg-I'm 69 years old and 18 months ago I had a lobe of my lung removed due to a cancerous nodule. That surgery was more painful than anything in my life! The judge is 20 years older than I was. Frankly, I'm surprised they did it. She's not going to bounce back anytime soon.

  • Rafael A Salaz

    01/07/2019 11:16 PM

    Where and how does Nancy Pelosi and Chuck Schumer get the power over the President of the United States . They call all the shots on whats to be done, the President was voted in above them in command . Its plain to see Nancy Pelosi and Chuck Schemer are playing games with the Border Wall thing.

  • Edgar Tucker

    01/07/2019 10:52 PM

    General Keane said that there was 62 billion dollars in an overseas contingency fund for use in Afgahnistan.As commander in chief I would think that the president would have access to that money in an emergency here at home!