An Appeals Tribunal rejected the Trump Administration's urgent request to block a federal judge's decision preventing President Trump from using $ 2.5 billion in military funds to build a wall along the southern border.
In a 2: 1 ruling, the US ruled The Court of Appeals of the Ninth District Court stated in a statement that "a suspension of the District Court's order to grant the plaintiffs an injunction is not justified."
The Department of Justice appealed against former US District Judge Haywood Gilliam President Barack Obama decided to permanently block the $ 2.5 billion, after he had issued an injunction in May to stop the use of funds by the Stop government. The ruling prevented several construction projects in California, Arizona and New Mexico.
Gilliam ruled on Friday in two lawsuits. The first, submitted by the American Civil Liberties Union on behalf of the Sierra Club and the Southern Border Communities Coalition, was a response to Trump's national declaration of emergency, in which $ 6.7 billion was transferred to military assets for the Grenzmauerbau , Gilliam's decision stopped the use of anti-drug funds from the Department of Defense.
In May, when Gilliam issued an interim injunction on the financing of the border wall, he noted that the partial shutdown of the government at the beginning of the year constituted an inappropriate balance of power legislators and the president. He stated, "The position that the executive, if Congress rejects the executive's motion to appropriate funds, may still find a way to spend those funds without Congress, does not conform to the principles of separation of powers that exist until return to the earliest days of our time Republic.
The ninth circle seemed to agree with Gilliam in this statement. The Appellate Court's opinion stated that "the use of these funds violates the constitutional provision that the executive must not spend any money if no funds are available for Congress."
The case is not settled yet, but the statement released on Thursday indicates that the Trump administration is likely to lose. "It is very likely that the plaintiffs will prevail in this lawsuit, and the likelihood that the defendants will succeed on appeal is correspondingly low," says 9th Court of Appeals of President George W. Bush.
Gilliam also ruled in a separate lawsuit from the State of California and 1