Judge Haywood Gilliam Jr, District Court judge for the Northern District of California, brought down a preliminary injunction against U.S. president Donald Trump. The judicial order restrains the president from continuing with his plan of using $1 billion of Pentagon’s counterdrug funds to build improvements on the El Paso and Yukon U.S.-Mexico border walls.
Judge Gilliam’s ruling is in connection with the complaint filed by the Sierra Club and Southern Border Communities Coalition against Trump’s abuse of his emergency powers as president of the U.S. The coalition sought preliminary injunction against the use of diverted military funds, as means of supplementing the $1.571 billion amount appropriated by Congress for the border wall enhancement project.
Some Excerpts from Judge Gilliam’s 56-Page Ruling
In a 56-page document, Judge Gilliam Jr. wrote
“The legal issue is not about determining whether the barrier construction plan is wise or unwise;”…whether Trump’s plan is the right or wrong policy response to existing conditions at the southern sections of the US-Mexico Border.”
Judge Gilliam stated that it concerns strictly legal questions, on whether Trump’s funding plan for the barrier construction, is beyond the lawful authority of the Executive Branch, under the Constitution and several other statutes enacted by Congress.
The Northern California District Court Judge issued a preliminary injunction last Friday, to temporarily block Trump and his administration from using money that Congress appropriated for military use; rather than for building Trump’s proposed border wall project in the El Paso and Yukon sections of the U.S.-Mexico Border.
In conclusion, Judge Gilliam Jr, wrote that the U.S. Congress’ control over federal funds is absolute; regardless of the Executive Branch’s frustration over its desire to pursue the fulfillment of executive proposals. The judge gave emphasis to the government’s fundamental system of separating governing powers into three branches, the legislative, the judicial and the executive branches.
Judge Gilliam therefore ruled that the Executive Office cannot simply resort to other ways of securing funds because it is contrary to the principle of separation of powers that has been observed since the earliest days of the Republic.