Friday, January 11, 2019

Walled In: What Emergency Powers Could Bring


In my living room and on a plaque on the wall next to my home office desk are two large chunks from the Berlin Wall. I would like to say I chiseled them out from the notorious reinforced concrete edifice, but that would be a lie. My meager efforts February 16, 1990, produced paltry chips the size, perhaps, of dominoes pieces. I came by those two impressive rocks courtesy of a much more adept chiseler who shared his excavation work with me that fateful afternoon just three months after East Germany opened the floodgates on its repressive regime. 

The fearmonger-in-chief prophesied what would happen absent a similar concrete wall spanning our southern border with Mexico. “You’ll have crime in Iowa, you’ll have crime in New Hampshire, you’ll have crime in New York” without a wall, Trump warned during a trip to McAllen, Texas, Thursday. 

ABC News asked the mayor of McAllen what the murder rate in his city with no wall was. Zero, he said, asserting McAllen was among the safest in America. Statistics corroborate his belief. 

Why are Democrats so stridently against funding a wall? After all, friends have asked, $5.7 billion is sooooo small compared to the trillion dollar-plus federal budget fattened by the billions wasted on military and social aid programs every year. 

My response is that the debate over the wall far transcends the dollar amount. The wall, the barrier, the what-have-you, represents a good old-fashioned horse trading negotiation. 

Regardless of its efficacy, Trump wants to show his base he can fulfill a campaign pledge to build a wall, though he has admitted the second part of his pledge to have Mexico pay for it is not going to happen as promised. His dissembling on how the wall will be funded and by whom just adds to Trump’s portrait as a grifter and con artist. 

What Nancy Pelosi and Chuck Schumer want is a commitment from Trump to extend safety to DACA children brought to America by their parents. Every time Trump seems ready to commit to shielding the so-called Dreamers, he turns into the reneger-in-chief when he hears howls from Rush Limbaugh, Laura Ingraham, Ann Coulter, Sean Hannity and their compatriots on the right. 

Behind the scenes efforts to parlay DACA safety for wall funding have been rejected by Trump. It would take a revolt by Senate Republicans to force Trump’s hand to accept a quid pro quo.

Instead, before the weekend is out our would-be king might invoke national emergency powers to funnel funds into wall construction. Should such a move survive a court challenge, Republicans might rue the precedent. 

Imagine the next time a Democrat is president and a mass shooting occurs. Considering that firearms are used in tens of thousands of homicides every year, far greater than the number of deaths perpetrated by undocumented immigrants, a president could declare a national emergency to ban gun sales and confiscate all assault rifles. 

Now that is an extreme hypothetical (and I doubt any president would do it) but for years the National Rifle Association has fearmongered such a possibility every time a Democrat won the presidency. 

If Trump opens the Pandora’s Box of emergency powers, there is no telling what a president could try to implement.

To stem a measles or flu epidemic turning into a pandemic, a president could declare a national emergency and order the vaccination of all residents. If anyone refuses, he could isolate them in internment camps so they would not spread any infection. To reduce damage and deaths from coastal flooding, a president could order the permanent evacuation of the shoreline. 

Too far-fetched? Perhaps. But it all hinges on how the Supreme Court views presidential power. Given that the Republican majority on the court is believed to endorse almost unlimited presidential power, Trump could win a challenge to the emergency powers question. But such a win could plunge the country into uncharted waters for all subsequent presidents, not to mention Trump’ own crazed view of what a president may do with unchecked power.

Trump said Friday afternoon he wasn’t ready to pull the emergency powers lever. Which to me signals he is about to this weekend, as he constantly contradicts himself.

As I’m writing this a friend related an irony—his community in Palm Beach County, Florida, has many wealthy retired New York City teachers who “want immigration laws enforced.” 

To which I replied, “Maybe the sun fried their brains and they forgot the immigrant history of their families. Sure, they would tell you they came legally but how many of them thought the quota system from 1920 on was a good thing, how many of them thought restricting access to Jews fleeing Nazi persecution was acceptable, how many of them see any comparability to those Hondurans seeking safety from violence in their homeland, how many of them think a wall is a better symbol of America than the Statue of Liberty?”

Walls can and do serve a purpose. The Berlin Wall kept East Germans inside their living hell. Many who tried to seek freedom lost their lives trying to pierce their enclosure. But some succeeded. No wall is impenetrable. 

All objective evidence affirms that most illegal drugs enter the United States at ports of entry, not by human “mules” infiltrating illegally across the border. Most undocumented aliens enter legally, arriving here by plane and overstaying their visas. Though Trump trumpets their egregious murders, rapes and other violent deeds in his bid to instill fear, statistics show the undocumented commit far fewer crimes than the American population at large. 

Bottom line: Some type of restraint along the border will be built. Dreamers will have their dreams fulfilled. Some federal workers will lose their homes, have their credit ratings marred, have their trust in government employment shattered by the partial government shutdown now entering its fourth week because of the inability of the artless-negotiator-in-chief to reach an agreement with the newly emboldened Democrats who control the House and who still maintain sufficient numbers in the Senate to withstand cloture calls on most legislation.

It won’t be pretty, but it will happen. As Trump says, trust me.