16 states sue Trump to stop him from using national emergency to build border wall
Washington: Sixteen US States have sued US President Donald Trump over his plan to declare a national emergency to get funding for his controversial wall along the border with Mexico, saying he has veered the country toward a constitutional crisis of his own making.
The lawsuit came after Trump on Friday declared that he would spend billions of dollars more on border barriers than Congress had granted him.
The National Emergencies Act allows the President to declare a national emergency and unlock a stash of funds by invoking certain statutory authority.
The coalition of 16 states in their lawsuit alleged that the Trump administration's emergency declaration and diversion of funds is unconstitutional and otherwise unlawful.
The states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia.
The suit, filed in Federal District Court in San Francisco, argues that the president does not have the power to divert funds for constructing a wall along the Mexican border because it is Congress that controls spending.
"President Trump has veered the country toward a constitutional crisis of his own making. For years, President Trump has repeatedly stated his intention to build a wall across the United States-Mexico border," reads the suit.
The dispute stems from steps Trump said he would take after lawmakers granted him only USD 1.375 billion for new border barriers, legislation he signed last week to avoid another government shutdown. The fund is far short of the USD 5.7 billion Trump had initially requested.
Trump asserted the power to tap three additional pots of money on his own: USD 600 million from a Treasury Department asset forfeiture fund for law enforcement priorities; about USD 2.5 billion from a military antidrug account, most of which would first be siphoned from other military programs the Pentagon has yet to identify, and USD 3.6 billion in military construction funds he said he could redirect by invoking an emergency-powers statute.
Trump declared the national emergency to fulfil his 2016 presidential campaign promise to "build a wall" on the US-Mexico border, which he calls "a major entry point for criminals, gang members, and illicit narcotics".
The lawsuit file on Monday seeks to block the Trump administration's emergency declaration, the unauthorised construction of the border wall, and any illegal diversion of Congressionally-appropriated funds, a media release said.
The states allege that the Trump administration's action exceeds the power of the executive office, violates the US Constitution and federal statutes, and would illegally and unconstitutionally divert federal funds appropriated by Congress for other purposes.
The lawsuit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds.
White House officials said they believe they can unlock an additional USD 6.6 billion through the emergency declaration and other budget maneuvers. The White House believes the money would allow the administration to build at least 234 miles of the border wall.
"President Trump is manufacturing a crisis and declaring a made-up 'national emergency' in order to seize power and undermine the Constitution," said California Governor Gavin Newsom.
"This 'emergency' is a national disgrace. Rather than focusing on fighting the real vulnerabilities facing Americans, the President is using the powers of America's highest office to fan the flames of nativism and xenophobia. Our message to the White House is clear: California will not be part of this political theater. We will see you in court," he said.
President Trump treats the rule of law with utter contempt, charged California Attorney general Xavier Becerra.
"He knows there is no border crisis, he knows his emergency declaration is unwarranted, and he admits that he will likely lose this case in court. He is willing to manipulate the Office of the Presidency to engage in unconstitutional theatre performed to convince his audience that he is committed to his 'beautiful' border wall," he said.
The complaint alleges that the Trump administration's action declaring a national emergency due to a purported border crisis is unlawful and unconstitutional.
"President Trump's hyped crisis is a pretext to justify redirecting congressionally-appropriated funds to pay to build a wall along the southern border after he failed to get Congress or Mexico to pay for it. The facts do not support President Trump's rhetoric or his declaration," a media release said.
"Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates," it said.
National emergencies can last for one year and then terminate, unless the president renews the declaration 90 days prior, said Robert Chesney, who served in the Justice Department and teaches at the University of Texas at Austin School of Law. Every six months, Congress can consider whether to put forward a joint resolution to terminate the emergency.
According to the Brennan Center, there have been 58 national emergencies between 1978 and 2018. Of those, 31 are still in effect today.
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Jharkhand horror: Man kills live-in partner, chops body into 40 pieces
Ranchi (PTI): A 25-year-old man, who works as a butcher, allegedly strangled to death his live-in partner and chopped her body into 40 to 50 pieces in a forested area in Jharkhand’s Khunti district, police said on Wednesday.
The accused, identified as Naresh Bhengra, was arrested.
The matter came to light after around a fortnight after the killing when a stray dog was found with human body parts near Jordag village in Jariagarh police station on November 24.
Bhengra was in a live-in relationship with the deceased, a 24-year-old woman also from Khunti district, in Tamil Nadu for the past couple of years. Sometime back, he returned to Jharkhand, got married to another woman without telling his partner anything and went back to the southern state without his wife to join her.
"The brutal incident occurred on November 8 when they reached Khunti as the accused who had married another woman did not wish to take her home. Instead, he took her to a forest near his house at Jordag village in Jariagarh police station and chopped the body into pieces. The man has been arrested," Khunti Superintendent of Police Aman Kumar told PTI.
Inspector Ashok Singh who investigated the case said the man worked in a butcher shop in Tamil Nadu and was expert in slicing chicken.
“He admitted chopping the body parts of the woman into 40 to 50 pieces before leaving those in the forest for wild animals to feast on. The police recovered several parts on November 24 after a dog in the area was seen with a hand," Singh told PTI.
Singh said that the woman, who was unaware of his marriage, pressured him to return to Khunti. After reaching Ranchi, they boarded a train on November 24 and headed to the man's village.
"Under a plan, the man took her to Khunti in an autorickshaw near his home and asked her to wait. He returned with sharp weapons and strangulated her with her dupatta after raping her. He then cut the body into 40 to 50 pieces and left for his home to live with his wife," Singh said.
The woman, however, had informed her mother that she had boarded a train and would be living with her partner, the police officer said.
Following the recovery of body parts, a bag was also found in the forest with the murdered woman's belongings including her Aadhaar card. The mother of the woman was called at the spot and she identified her daughter's belongings.
"The mother suspected the man behind the crime who after being nabbed by the police admitted to chopping the woman into pieces," the official added.
The incident has sent shockwaves among people in the region, with the Shraddha Walker murder case of 2022 still fresh in their memory.
Walker was killed by her live-in partner who chopped her body into pieces before dumping them in the jungle in South Delhi’s Mehrauli.
