Donald J. Trump, in his perfidious effort to build a vanity wall along the border, and in pursuit of goals not justified in legislation has misused his emergency powers and misappropriated funds in order to fund and build detention camps and his wall and fund his concentration camps. [Draft]
Violations of Statutes
31 U.S. Code § 1301. Application
- Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
- The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted.
- An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation—
- is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or
- expressly provides that it is available after the fiscal year covered by the law in which it appears.
- A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made.
The Donald J Trump Admin have claimed that they are authorized to misapply these funds based on their invocation of Emergency powers:
Sec. 601. Declaration of policy (42 U.S.C. 5195)
The purpose of this title is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this title so that a comprehensive emergency preparedness system exists for all hazards.
Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e) (a) Authorization of Appropriations - There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. (b) Transfer Authority - Funds made available for the purposes of this title may be allocated or transferred for any of the purposes of this title, with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this title. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer. [page 80]
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