by: Brent Smith for World Net Daily:
I’ve heard many conservative commentators and pundits speaking about Trump’s national emergency powers and how he should use them.
Top of the list appears to be this scenario.
Negotiations, if you can even call them that, have gone nowhere. So, it’s posited, Trump will appear to back down and agree to end the shutdown – after which he will then invoke his presidential authority under the 1976 National Emergencies Act, [50 U.S.C. 1601, 1621, 1622] and declare a national emergency on the border, secure funding from a number of government sources and get the wall built.
Rather, Trump should declare an emergency prior to signing an agreement to end the government shutdown. Anything less would be ill-advised.
Every party in a negotiation either goes in with leverage or seeks leverage throughout. Trump should not just give away his only point of leverage, which is his power to end the shutdown. Regardless of their foolish rhetoric, Pelosi, Schumer et al., know this, which is why they must continue to hammer Trump on this singular point: ending the shutdown.
And why is supposed legal expert leftist Jeffrey Toobin of CNN insisting that Trump in fact does have the authority to declare a national emergency? Is he being honest, or is this sophism? Are the Democrats purposely setting a trap for Trump to fall into? Is this a potential scenario the dems are trying to set up?
First, Chuck and Nancy’s job is to continue to shutdown negotiations with the president, insisting that he will never get a dime for a wall or any other structure. Next, send out Toobin, the Trump-hating CNN legal beagle. But this time, much to the bemusement of his CNN colleagues, when asked, he surprises everyone by insisting that Trump has the emergency authority.
So Trump ends the shutdown and declares a national emergency. However, Democrats have already secured a leftist judge to declare the emergency unconstitutional. Trump falls into their trap, and it’s tied up in court for months or longer. Democrats win. Rush Limbaugh believes this is what is going on.