Court: Trump Administration Can Use Military Funds for Border Wall

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A fed­er­al appeals court on Dec. 4 over­turned a low­er court rul­ing that blocked the Trump administration’s divert­ing of mil­i­tary funds for bor­der wall construction.
In a 2–1 deci­sion (pdf), the 5th U.S. Cir­cuit Court of Appeals ruled that El Paso Coun­ty and the non­prof­it Bor­der Net­work for Human Rights (BNHR) didn’t have the stand­ing to chal­lenge the Trump administration’s deci­sion for $2.5 bil­lion in Depart­ment of Defense (DOD) coun­ter­drug activ­i­ty funds to be “repro­grammed” and for $3.6 bil­lion in DOD mon­ey orig­i­nal­ly slat­ed for mil­i­tary con­struc­tion projects to be real­lo­cat­ed to build­ing the bor­der wall.
In 2019, Pres­i­dent Don­ald Trump request­ed that Con­gress appro­pri­ate $5.7 bil­lion for the con­struc­tion of some 234 miles of bor­der wall, but Con­gress only approved $1.375 bil­lion for the con­struc­tion of “pri­ma­ry pedes­tri­an fenc­ing.” Trump then issued a …


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