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Sunday, January 6, 2019

Be Afraid - Be Very Afraid

Ryan Costello is a former (as of 11/07/18) member of the House of Representatives.  Costello, an attorney and prosecutor from Chester County, represented the 6th PA District, and belongs to the ever-shrinking group of those I call "sane Republicans".  In an appearance on MSNBC yesterday, Costello offered his thoughts on how the current government shutdown will evolve.

Costello's view of the shape of things to come:
  1. In about two weeks, Donald Trump will tire of waiting to get his way, and will declare a national emergency, thereby providing himself legal cover for building his beloved wall / fence / barrier without the approval of Congress.
  2. Members of the House. especially the newly-strengthened Democratic caucus, will recognize their Constitutional duty to monitor the Executive branch's powers under the National Emergency Act,  As a result, the House will take Mr. Trump to Court to attempt to force him to follow the law, that is, to:
  • ensure that prior emergency declarations would no longer be enforced
  • activate emergency provisions of law via an emergency declaration on the condition that the President notifies Congress
  • maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress
Such a case might take months to wend its way upward through the Federal judiciary.  Should that time frame prove accurate, the number of Federal government services that will close up shop will skyrocket.

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