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A federal judge issued a preliminary injunction on Friday, partially blocking President Trump’s plan to fund a border wall with Mexico using money from the Defense Department.

California U.S. District Court Judge Haywood Gilliam, who was appointed by former President Obama, issued the order, which does not fully halt construction, but would limit additional border fencing to specific areas. It would also block the transfer of about $1 billion in Pentagon funds from various projects to pay for the construction of a wall.

Trump made an emergency declaration earlier this year to circumvent Congress and reallocate funding from the Defense Department to begin work on the wall.

The judge halted the Trump administration “from taking any action to construct a border barrier” using the reallocated Defense Department funds in parts of Arizona and Texas identified as Yuma Sector Project 1 and El Paso Sector Project 1.

Gillam argued “irreparable harm” would result if the administration were allowed to proceed while the case is pending.

“Because the Court has found that Plaintiffs are likely to show that Defendants’ actions exceeded their statutory authority, and that irreparable harm will result from . those actions, a preliminary injunction must issue pending a resolution of the merits of the case,” he said in court.

Gillam cited the separation of powers between the Legislative and Executive branches outlined in the Constitution, and particularly Congress’s power of the purse, in making that determination.

“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” he wrote.

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52 Comments

52 Comments

  1. Proud vet

    May 25, 2019 at 12:51 am

    I agree with Mr. bar these judges were totally out of control and they have no business legislating from the bench over the President of the United States. If they want to file a claim if you would with the supreme court then they could do that at the stop sitting president from doing is duly elected job these people should be removed from power and put in jail, for playing Pardison Marxist politics! Pure treason!

    • Daniel Brofford

      May 25, 2019 at 2:32 am

      If I was the Trump Administration I would tell that judge to go pound sand. There is absolutely nothing he could do if they go ahead and build.

      • Brian McMillan

        May 25, 2019 at 4:28 am

        I would say to the 9th circuit, if I were Trump, I want an expeditious decision from the 9th circuit and set a deadline. If the deadline is not met then continue construction.

      • Dean Perry

        May 25, 2019 at 8:59 am

        First they’d need the LAND… which they don’t and won’t have!

        • Nancy Hessler

          May 25, 2019 at 9:50 am

          Eminent domain? Affirmative Easements…? ALL land owned by citizens in the United States can be used by the government.

        • Margaret Paddock

          May 25, 2019 at 11:13 am

          They have most of the land – Obama took/bought it and never used it for the border when congress – democrats wanted to do their useless fence. Some land he took illegally.
          The Secure Fence Act of 2006 authorized the construction of hundreds of miles of fencing along the Mexican border. https://en.wikipedia.org/wiki/Mexico%E2%80%93United_States_barrier

    • Beverly Thorpe

      May 25, 2019 at 7:39 am

      They need to really watch out! When and IF there is another Democrat president in office, Conservatives/Republicans judges can do this to THEM too. Every law they complain that Trump breaks when in fact the power was given to the president BY Congress, and Congress could vote to change that law any time they wanted during Trump’s term, Dems WON’T vote to change the law because THEY might want to use it when a Dem is in Oval Office, but remember…whatever Dems do to Trump NOW we Republicans can do to Dem president later. Democrats, like when Harry Reid changed law in Senate about judges voting system, are screaming now because they want to fight Trump,but if Dems get back in control, THEY will want to use the system, too, so no change will be voted out by Dems, they just want to use it against the president. TWO can play this game in the future, but Dems just charge forward breaking the rules.

    • Oscar Pearson

      May 25, 2019 at 8:47 am

      So true!

    • smrstrauss

      May 25, 2019 at 9:39 am

      It is hardly shocking that the CONSTITUTION requires that federal expenditures be approved by Congress.

    • Don Fischer

      May 25, 2019 at 9:40 am

      I don’t think it’s a good idea to take from military funding in the first place. Take the money from welfare programs!

      • Nancy Hessler

        May 25, 2019 at 9:54 am

        Typically, Democrats are against military and in support of welfare, so Trump is attempting to work with those dumbasses in order to build the MUCH NEEDED wall. They are too TDS blind to see this.

    • Avocado

      May 25, 2019 at 11:42 pm

      Absolutely true. Ban from erecting a wall and limit border fencing in certain areas too. What areas??The areas where the hordes OF ILLEGALS are known to jump over the fence? These Dems should be deported across the border themselves. All they want are to fill our country with ILLEGALS who are mooching and parasitizing on legal Americans. What do they want to do? Just print money incessantly to take car of their ILLEGALS? Heaven help us the US then.

  2. Colleen Souza

    May 25, 2019 at 12:55 am

    The only state this judge can rule in is the state he is in only! https://clashdaily.com/2019/05/ag-barr-hammers-activist-judges-with-truth-bomb-these-numbers-dont-lie/

    • James

      May 25, 2019 at 5:08 am

      RIGHT you are Colleen.
      thoe SO CALLED JUDGES ARE LIMITED TO THEIR ON JUDICIARY DISTRICT, AND NONE OTHER.
      AND THE PRESIDENT CALL TELL ALL OF THEM, THEY MADE THEIR RULING, NOR TRY AND ENFORCE.

  3. Paula Blissett

    May 25, 2019 at 12:56 am

    AGREED! Proud vet!

  4. Mary

    May 25, 2019 at 12:57 am

    Of course an Obama judge would rule against our President.
    They’re all criminals. Treasonous judges that deserve to be thrown out.

    With all these illegals coming into our country, should be sent to all these liberal judges to support. Includes Obama’s house too.

  5. Cassandra West

    May 25, 2019 at 12:58 am

    The Democrats and their puppets are still angry that Clinton lost- Never facing the fact that by letting her steal the nomination, it so offended decent people that they were determined not to let her win.THEY gave rise to Donald Trump and now they can’t face that and summon whatever’s left of their decency or loyalty to the Country. They are willing to destroy us rather than grow up and be true Americans and protect this country. I think if they win and millions of people are allowed to take over here, it is the end, not only of our country, but of civilization as we know it. And if that happens, they will have to see their children curse them for what they have done. May God help us all!

    • ERIC

      May 25, 2019 at 3:11 am

      Very well said, Cassandra. I agree w/every word!

  6. Keith Foster

    May 25, 2019 at 1:00 am

    Another azzhull Obama judge who will be overturned.

  7. Shawn Dollar

    May 25, 2019 at 1:05 am

    Fuck mr Cali judge he can’t overrule shit and for your information there dipshit it’s we the people that you serve and it’s we the people that want the wall so think about that assclown we the people can’t just fiscally remove you from that bench California is just one state scumbag

  8. Shawn Dollar

    May 25, 2019 at 1:07 am

    Can fiscally remove you!!!! Typo lol

  9. Gay [email protected]

    May 25, 2019 at 1:14 am

    If this money is not for a national defense project, I don’t know what it could be.

  10. Rahn Lawson

    May 25, 2019 at 1:32 am

    Who approved the billions that Obama gave to Iran???

  11. linda

    May 25, 2019 at 1:42 am

    Those are the 2 areas most plagued by the infestation of Illegals

  12. Rebecca Holstine

    May 25, 2019 at 1:47 am

    If I were Trump, I would do just what Obama did. Ignore the judges and do as He pleases. Then let them scream. But keep doing it till someone comes and physically stops the wall building.I don’t think this judge has any say so over defense money. It belongs to the defense department. It has already been given to them…they can do with it what they wish and the wished Trump build the wall with it.

  13. Donna

    May 25, 2019 at 1:50 am

    Believe me…if we citizens in California weren’t out numbered by the illegals and the crooks that keep moving the voting machine to where they have control…there would be a change real quick in who gets the political chair in Sacramento and in the Congressional offices of this government.Its a sad shame so many people voted for Obummer in the first place!! People’s heads were in the sand just as you see the things they are trying to get away with now!! Its so obvious and yet you see the masses crying that their man or women didn’t make that presidential position in 2016! I said it before and I’ll say it again….I knew what Obummer was in 2008 when he first ran for office and my mind didn’t change in 2012 which he DIDN’T get my vote either time!!Some people wouldn’t know the truth if it hit them in the face. And as we can see the REAL TRUTH is finally coming out. I hope there obstructionist …the whole lot of them end up in the gray bar hotel,and I don’t care what color uniform they pick out as long as its orange or black and white stripes!!

    • Annette

      May 25, 2019 at 4:53 pm

      Donna, u are so right! I also knew what Obummer was as well! He is & has always been a muslin! I also know other things about him & Michelle that other people should know! I pray everything will be revealed about them soon! I hope people realize that the heathen democrates put him in office & believe they (leaders) knew exactly who he is! Nothing will ever be done about what all he did to damage our country, but I pray it is exposed!

  14. Jack Smith

    May 25, 2019 at 1:55 am

    Thanks to Obama Trump has the power to place these judges in jail without a phone call ASAP I pray in his second term he not only does so but removes most of these Anti- America low life scum from being Judges.

  15. Michael

    May 25, 2019 at 2:09 am

    Fuck this judge! Just keep building the wall. What’s he gonna do?

  16. Art LaPella

    May 25, 2019 at 2:18 am

    I’d be more concerned if it weren’t for the fact that most of the federal government is outside the Constitutional limits of power anyway, and almost nobody really cares.

  17. Marty

    May 25, 2019 at 2:24 am

    18 U.S. Code § 2384 -SEDITIOUS CONSPIRACY: “If two or more persons…conspire to overthrow, put down, or to destroy by force the Government of the United States… they shall each be fined under this title or imprisoned not more than TWENTY YEARS or both.

    The Dems acting like rats on a sinking ship. Gaslighting the public with help from the media how & why? https://www.facebook.com/photo.php?fbid=2038215703171813&set=pob.100009502103297&type=3
    HRC & BHO media connections

  18. Tommy Ryan

    May 25, 2019 at 2:39 am

    Hmmm…the legislative & judicial branches of our Constitutional Republic have been trying to thwart every move the present sitting president in the executive branch has tried to do according to The People who elected him…& to top it off, the MSM mainstream media lapdogs have been reporting lies to The People (at the behest of so-called democrats & many of us DON’T buy it) that this so-called “democracy” (which is actually a Constitutional Republic) should have the legislative and judicial system in our government remove the sitting executive over hearsay, fake dossiers & false accusations of “collusion”, for-profit racketeering/donating/receiving donations from enemies of the USA & supposed tax evasion (bizarrely enough the crooked legislators leading the charge against the executive branch of the sitting president of the United States of America are guilty of the collusion, racketeering/collecting/receiving donations from enemies of the USA and covering it up through tax evasion).

    These so-called liberals/democrats/leftists (just plain progressive socialist oligarchist types) are selling our own country out to the enemy foreign…& making themselves the enemy domestic.

    We’re in dangerous times, fellow American citizens.

    Let’s hope the TRUTH will expose every dark deed of the so-called “left”.

    • Wickedproxy

      May 25, 2019 at 11:38 am

      It is amazing how people either don’t see or won’t see that the Democrats have committed many of the crimes they are accusing the President of in trying to falsely make him look guilty.

  19. Carolyn Hodges

    May 25, 2019 at 3:06 am

    So any “irreparable harm” caused by not having a wall will be the fault of this judge.

  20. ERIC

    May 25, 2019 at 3:08 am

    F’ING DEMONCRATS! TELL ME, HOW DOES A COMMIEFORNIA JUDGE HAVE ANY POWER OF JURISDICTION OVER AZ & TX? I GUESS IT’S TIME FOR ANOTHER E.O. IF IT WORKED FOR FORMER COMMIE DICTATOR OSAMA-OBAMA, THEN TRUMP CAN DO IT TOO! F’ THE DEMS! BUILD THAT WALL!

  21. WASOON

    May 25, 2019 at 6:24 am

    “Gillam argued “irreparable harm” would result if the administration were allowed to proceed while the case is pending.? … YOU GOT THAT RIGHT … only thing is the DAMAGE will be to the citizens of the US with mass intruders scoffing up our benefits and burdening our country with debt and many bad Hombres. Insanity at another level by the Democratic subversives that Obama planted while his REIGN-of-DESTRUCTION was in office. 4 MORE YEARS OF TRUMP will remedy many faults and operatives that the Left has planted in our government.

  22. Raymond A Martucci

    May 25, 2019 at 7:18 am

    To this Obama judges and to the others Obama the fake president is no longer the president you need to be all locked up for helping to keep this country unsafe when it isn’t even your job to make. Maybe this judge should have a few visitors from a bunch of illegals since this judge likes to get involved. I were trump I would stop playing around with these judge’s and start sending in the feds and removing these phonies they have no business being in courts since they can’t do their jobs. Obama judges need to all be disbarred and locked up in the worse jail out there all these judges are doing is saving face to keep these cushy job and the bribe money I want to see these judges taxes

  23. neo

    May 25, 2019 at 7:47 am

    BUT….OBOZO can send billions to Iran just before leaving office and all his appointed ass kissers are happy as hell with that…

  24. Al Cates

    May 25, 2019 at 8:06 am

    This judge can not stop our President from doing anything. He is a federal judge of a district and he con only make decisions for that district. He can not and will not stop the president from using the money

  25. Shari Early

    May 25, 2019 at 8:07 am

    I have some friends in California but I really wish an earthquake would dump that state off in the ocean.

  26. [email protected]

    May 25, 2019 at 8:30 am

    Drain the Swamp !

  27. Oscar Pearson

    May 25, 2019 at 8:46 am

    Harm to the Democratic party voting base is the only harm I sed!

  28. Josey

    May 25, 2019 at 9:14 am

    No problem. Take the one billion and deploy troops to the border, specifically in the most trouble plagued areas, and have them “drill” there for an unspecified number of years. Great practice for the groups and protects the patriotic citizens of this country. What the Democrats are doing infighting border security is nothing but pure treason!
    #USEDTOBEADEMOCRAT

  29. Richard Hullfish Sr.

    May 25, 2019 at 9:37 am

    This judge talks like a Democrat with a paper ass hole. He thinks he can stop the train. Get off the tracks you loser or you will be removed. Reminds me of Dastardly Dan and Priscilla Goodbody. TRUMP 2020

  30. Frank Campo

    May 25, 2019 at 10:03 am

    Build that wall Mr President. Tell the Odumbo judges to eat s–t and die.

  31. warrantone

    May 25, 2019 at 10:57 am

    Another Obama judge surfaces from the swamp. How does one jerk elected by no one deny the direction of our President elected by the people? Clearly this is not the intent of our Constitution.

  32. Silas Longshot

    May 25, 2019 at 12:20 pm

    Another leftist plant by 0bama, loyal to the end.
    I don’t see how a democrat flunky “judge” can interrupt the lawful proceedings of the President of the USA as he deals with a major crisis at our border.
    Has anyone ever checked to see if this is legal, constitutional?

  33. Nancy

    May 25, 2019 at 12:33 pm

    WHY do these judges get to intervene like this??? Let’s take a vote of all Americans that live ON this border and see how they feel about a Wall vs No Wall. Bet that would knock it right out of the ball park and get the wall built. Let’s DEMAND these Democrats go camp out a few days on this Southern border………….. has any one of them been there right in the middle of what’s happening?

  34. RockyMtn1776

    May 25, 2019 at 12:36 pm

    The duty of any President is to protect American citizens AND our nation. ! He MUST over ride any ruling that prevent him from doing this. Since it appears we have both political parties working against him on the immigration issue, he needs the support of the American people to do this. At this point many citizens have no idea how serious the invasion of illegal aliens really is, many don’t care.
    Our amnesty, chain migration and other “Let’m all in ” laws are a worldwide joke. Not much you can say about a nation that imports it’s own killers, it is a disaster in the making along with the elected officials who want them here and do nothing to stop the invasion.

  35. Sue

    May 25, 2019 at 12:43 pm

    What good is a border wall with holes and gaping spaces in it. If I were an illegal alien, I would head for one of the spots the Judge ruled 5he wall could not be built. That’s like building half a dam to stop a lake at the top from flooding the river running from the dam and all the houses near the river! Brilliant ruling by a Federal Judge who obviously shouldn’t be a Federal Judge….

  36. IAMPCBOB

    May 25, 2019 at 5:10 pm

    ” On Saturday, December 13, 2014 Senate Majority Leader Harry Reid filed a motion to invoke cloture on the nomination. On December 16, 2014, Reid withdrew his cloture motion on Gilliam Jr.’s nomination, and the Senate proceeded to vote to confirm Gilliam Jr. in a voice vote. He received his federal judicial commission on December 19, 2014.[4]”

    When even Harry Reid didn’t think he was eligible for the position, HOW did he get the job? The guy is only a kid, by most standards! Picked only for his Left-leaning ‘feelings’, by Obama? Activist judges will be the death of this country yet!

  37. Marlene deRonde

    May 26, 2019 at 1:18 am

    Build that Wall-!!! Keep Americans Safe-!!! Arrest and deport those committing crimes-!!!

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