House Democrats appeal order against them in Trump border wall lawsuit

by Jacqueline Thomsen - 06/10/19 5:34 PM ET

Lawyers for the House on Monday said they are asking the D.C. Circuit Court of Appeals to review a judge’s order rejecting their request for a preliminary injunction over President Trump’s reprogramming of military funds for a wall at the southern border.

Judge Trevor McFadden, a Trump appointee, said in a ruling last week that the House doesn’t have the standing to block the Trump administration from tapping Defense Department funds to construct the border wall.

{mosads}House general counsel Douglas Letter said in a court filing Monday that he is now appealing that order.

In a separate filing made Monday, both the House and the administration asked McFadden to dismiss the entire lawsuit so that the lawmakers could appeal that order.

“The House respectfully disagrees with the Court’s standing decision, but the parties are in agreement that there is no need for any further proceedings or briefing in this case and the Court should immediately dismiss the amended complaint for lack of jurisdiction and enter final judgment so that the House may promptly appeal that order,” the court document reads.

That filing also states that the House will seek an injunction in the case pending appeal and that the administration will oppose that request.

The Democratic-controlled House sued the administration earlier this year after Trump declared a national emergency to redirect military funds to his border wall. The president issued the national emergency order after Congress refused to give him his requested amount of funds for border security in a spending bill, leading to a record 35-day-long partial government shutdown.

A federal judge in California issued a preliminary injunction last month to block Trump from using some of the military funds for the border wall.

The Trump administration has also appealed that order to the 9th Circuit Court of Appeals.

House Appeal Trump Border Wall 06102019 by Jacqueline Thomsen on Scribd

House and Trump administration’s status report in border wall lawsuit 06102019 by Jacqueline Thomsen on Scribd