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Flashback: Trump may have to invoke ‘Insurrection Act’ to protect the country after another Obama judge blocks his border wall construction

By TNS Staff

(NationalSentinel) On Friday, a federal judge appointed by Barack Obama issued a permanent injunction against the administration, blocking President Trump from using Defense Department funds for border wall construction.

U.S. District Judge Haywood Gilliam of the 9th Circuit “had previously issued a temporary injunction after President Trump issued a national emergency and announced that he would use Defense Department funds to build the wall and secure the southern border of the U.S.,” The Gateway Pundit reported.

Adding insult to injury, TGP noted further that Gilliam was a regular financial donor to Obama’s two campaigns, according to FEC records.

Also, “Gilliam donated additional funds to Obama’s re-election campaign, sending $13,500 to Obama for America and Obama Victory Fund 2012. He also donated $4,500 to the Democratic National Committee. From 2012 to November 2014, he sent $3,100 to the Covington and Burling LLP PAC,” according to a report from The Epoch Times.

Clearly, this is another politicized decision from the Judicial Branch, which should not have any say whatsoever over the Executive Branch’s decision to allocate otherwise unallocated funds for whatever purpose the administration chooses, especially during a declared national emergency.



In May during a speech, Attorney General William Barr said such nationwide injunctions are not only improper but also “undermine the democratic process, depart from history and tradition, violate constitutional principles, and impede sound judicial administration.”

Also, as the Washington Examiner reported:

A New York University Law Review paper in October 2017 listed many practical problems with such injunctions, and its key point was that they violate constitutional principles, undermining “the structural design of the federal courts by allowing a single lower court to make nationwide law.”

It may be time for the president — and we don’t say this lightly — to supersede these rogue federal judges and simply exercise the authority the Constitution grants him, and let the chips fall where they may. The Supreme Court could reign in these districts courts and force them to refrain from issuing unconstitutional nationwide injunctions, but it hasn’t. Congress, under Article III, Section 2, paragraph 2 of the Constitution, could as well, but Democrats will never go along with it because ‘their’ judges are impeding the Trump administration.

There is another legal maneuver the president could use to impose his authority, under the law and under the Constitution. POTUS Trump was reportedly considering it last month; we are republishing the story here:

By J. D. Heyes

The American Left has become militant over two issues — preserving (and widening) abortion “rights” and “protecting” illegl aliens from U.S. immigration law enforcement efforts.

While abortion is in the news this week after Alabama passed the most expansive pro-life legislation in generations and Missouri is set to do the same, it’s the issue of illegal immigration that could actually spark new violence between the federal government and Leftists in deep blue states who believe in open borders.

A report from The Daily Caller that was widely ignored by most other media outlets claimed that POTUS Trump is seriously considering invoking the 1807 Insurrection Act and utilize its “tremendous powers” to begin widespread deportations of people in our country illegally.


“We’re doing the Insurrection Act,” one official reportedly told the news site.

TheDC noted further: 

Under the Insurrection Act of 1807, the president has the authority to use the National Guard and military in order to combat “unlawful obstruction or rebellion” within U.S. borders. The act was last invoked in 1992 by George H.W. Bush to quell the Los Angeles riots, and was also used by Eisenhower in 1957 to enforce school desegregation in the south.

An official expressed concerns that Trump’s use of the act’s powers would face legal challenges, pointing to the lawsuits against the president’s travel ban from majority-Muslim countries. However, as the official noted, the travel ban ultimately prevailed in the Supreme Court.

Of course, Trump’s invocation of the act will spark a legal challenge from Left-wing groups; that’s par for the course. This president can’t use any of his lawful, constitutional authority without having whack job anti-American types take him to court. But as the official who spoke to TheDC noted, the Supreme Court has been a godsend not just for POTUS Trump but for the rule of law in America.

In addition to the Insurrection Act, POTUS is also said to be considering declaring America full — that is, unable to accept any more migrants, especially after this year is proving to be the highest on record in terms of illegal immigrants crossing the border.

“If you take a ship and it holds 1,000 people maximum — one more person and the ship is going to collapse,” the official explained. “The country is full.”

“Our hospitals are full, our detention centers are full,” the official added.

Besides legal challenges, this decision to invoke the Insurrection Act is also very likely to cause episodes of violence, especially in cities and states along the liberal coastlines where sanctuary cities are the rule rather than the exception.

But frankly, this president has little choice. As Cornell University’s Legal Information Institute notes, under the Insurrection Act statute, “whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws” of the country, he has a right to invoke the powers he needs to enforce laws.

American Liberty: “Established 1776” Order yours now!

What’s going to be interesting, to say the least, is watching the reactions of governors of blue states who have been depriving POTUS Trump of his use of their National Guard troops along the border. 

While Guard forces first fall under the command of their respective state governors, the president has the authority to ‘federalize’ them, take command of them, and direct them into federal  (scores of Guard units have served on federal active duty in Afghanistan and Iraq). 

If POTUS were to call up Guard forces to enforce the laws of the country — and those governors were to refuse — they could be subject to arrest. 

And then…it’s hard to say what would happen next.

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stpaulchuck
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stpaulchuck

go for it!! I want to see these out of control district judges hauled off in cuffs along with all the people in governments who voted for aiding and abetting felonious foreign invaders.

Pilot Dave
Guest
Pilot Dave

Time to start arresting and charging these Lefty-Liberals….

Carson
Guest
Carson

Bring it on!

live oak
Guest

Please do it right away DJT. We’re with you all the way.

USJoeFreedom
Guest
USJoeFreedom

A federal judge can not issue an order that directly violates the constitutional authority of a president. Defy that order and let him eat crow. There is nothing the judge can do about his illegal order.

BilboQBaggins
Guest
BilboQBaggins

If judges declare illegal nationwide injunctions, ignore them, President Trump. They have no way to enforce their illegal injunction. They have no army, no national guard, no police to enforce sh*t. Just sayin’.

Renov8
Guest
Renov8

I don’t want to hear about the labor pains, just show me the baby…

BilboQBaggins
Guest
BilboQBaggins

Similar post at the exact same time. Lol..

Lords body
Guest

The Constitution says nothing about judges controlling the borders. It’s all the purview of the Commander in Chief.

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[…] article originally appeared at The National Sentinel and was republished with […]

DJ
Guest
DJ

It is well overdue for the president to finally deal with these rogue black goat Obama judges, and bring the law down on their cotton picking heads already!

Jame
Guest
Jame

Trump pull a Andrew Jackson on the Judges!

Tell them to Enforce their Order. Then we will see how well that works.

rufusvondufus
Guest
rufusvondufus

Gilliam must be a black pos just like Obama! We need to rid ourselves of judges like him and only have judges who care about the U.S. rather than just race!

De Oppresso Liber
Guest
De Oppresso Liber

I would LOVE to see that America hating Gavin Newsome and Jerry Brown BOTH snatched up by US Marshals and thrown into federal prison!

EMPD
Guest
EMPD

Has the crooked judge violated the Hatch Act?

Show me
Guest
Show me

I don’t see how a district judge can make a national ruling. That is even more reason for going all out for Trump in the coming election, since if there is another Democrat President appointing 4 or 5 Supreme Court judges, there won’t be any United States at all.The US will be “open range”. The Supreme Court judges are hanging onto their seats thinking that Trump will be defeated and a Democrat President will pack the court with activist judges. This is activating the Democrat base like never before, they will have every possible voter totally mobilized for the coming… Read more »

John Acord
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John Acord

The Governor of Texas estimates there are as many as 40 million illegals already in the USA. That’s about 11% or the total population, and hundreds of thousands more are on the way. Criminal gangs protected by corrupt Central American governments are organizing hordes of the most disaffected to move into the United States, across our borders and invade our society. Each one of these illegals cost the American taxpayer an estimated $50,000 a year. Yes, $50,000 a year! That is $2 TRILLION A YEAR! If you wonder why life is so expensive in the USA, why you are not… Read more »

Buzz
Guest
Buzz

Someone needs to take this Obumbler Judge out behind the wood shed and teach him a thing or two or maybe just turn him over the MS-13.

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[…] Posted by Dean James at Right Wing Tribune Republisheed From The National Sentinel […]

spartacus
Guest
spartacus

the only thing going to fix this ‘mess ‘ is blood and bodies … lots and lots and lots of them …….

Smitty
Guest
Smitty

It is well past time for Pres. Trump to play hardball with these treasonous judges. There are times when some collateral damage is unavoidable and that time is now (actually, it is past.)

Buzz
Guest
Buzz

F the stupid Obumbler Judge. Start building the wall and start deporting these illegal alien invaders as fast as possible.

skydancer46
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skydancer46

Lawyer’s are SCUM. Judges are SCUM SQUARED

William Wynn
Guest
William Wynn

If DJT is in again for 2020 (and he BETTER be ) The first month will be most interesting. He MUST wait until after successfully regaining 1800 Penn. before initiating “operation save the Republic” . We are well beyond the tipping point for the loss of the nation. These times bring ringing back from Franklin… ” a Republic, if you can keep it”.

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[…] Posted by Dean James at Right Wing Tribune Republished From The National Sentinel […]

dickee
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dickee

SOMEBODY PLEASE EXPLAIN TO ME HOW A JUDGE OF THE JUDICIAL BRANCH OF GOVERNMENT WHO IS SUPPOSED TO INTERPRET THE LAW, NOT WRITE IT UNSOLICITED WITHOUT A CASE BEING BROUGHT BEFORE HIM/HER, THAT USURPES LEGITIMATE POWER AND LAW EXERCISED BY THE EXECUTIVE BRANCH OF GOVERNMENT. THIS IS JUST THE MOST INSANE, BIASED (SINCE THIS JUDGE DONATED SEVERAL TIMES TO THE DEMORATS BUT NOT THE REPUBLICANS, WHICH SHOWS THEY ARE PREJUDICED) PIECE OF SH*T RULING I HAVE EVER SEEN, AND IT IS NOT THE FIRST TIME THIS HAS HAPPENED TO TRUMP. I DON’T UNDERSTAND WHY TRUMP HAS TO ABIDE BY SUCH… Read more »

ItsJo
Guest
ItsJo

Mr. President-“JUST DO IT, AS WE AMERICAN CITIZENS DESERVE TO BE PROTECTED BY A POTUS who DOES put his Republic and it’s citizens FIRST, with a sworn duty to do so. This is “AN ILLEGAL ALIEN INVASION OF AMERICA” that Corrupt Democrats see as a good thing for voters, and they could care Less about protecting us-The Globalists’ want to see America weak and vulnerable and finished OFF, as Obama did for 8 years, and Hillary was to “continue with their evil plot” but ALONG CAME TRUMP, WHO ACTUALLY DOES LOVE THIS REPUBLIC AND ITS CITIZENS, BUT IS HELD BACK… Read more »

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

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[…] we noted yesterday, earlier this year the president announced he was contemplating action under the […]

Phil
Guest
Phil

Guys, all your comments are awesome, but one thing in this world scares the piss out of me, and that is the idea that THE TRIBE will steal this election through surreptitious means and we, the good citizens of this country, will not be able to stop them. We must be ready to lock and load and start the goddamn Civil War if they do this, because WE know in our hearts how much Trump is the best POTUS ever and that there is NO WAY on Earth these stupid Bolshevik a$$holes could EVER win, so get yourselves ready, because… Read more »

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