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Believe that the government should not win on the merits of the underlying lawsuit, mainly because they need to show that congress had not already denied funding for the purpose for which they're seeking the funding, in this case, a border wall. in the january/february time frame, we had the longest partial government shut down in history, and it was very clear coming out of that that congress did not want to provide funding for the border wall. they only appropriated a fraction for certain border securing measures but not the wall specifically, and so the third point i would just make is that...

Coming out of that that congress did not want to provide funding for the border wall. they only appropriated a fraction for certain border securing measures but not the wall specifically, and so the third point i would just make is that this sets a bigger precedent than just in this case, namely that the executive can basically misappropriate money by declaring a national emergency and this is a very bad precedent for the future. >> isn't that the obviously wild part of this. >> yeah. >> even though this is as i mentioned a narrower ruling than the president seemed to suggest on twitter, no sh...

Congress had not already denied funding for the purpose for which they're seeking the funding, in this case, a border wall. in the january/february time frame, we had the longest partial government shut down in history, and it was very clear coming out of that that congress did not want to provide funding for the border wall. they only appropriated a fraction for certain border securing measures but not the wall specifically, and so the third point i would just make is that this sets a bigger precedent than just in this case, namely that the executive can basically misappropriate money by decl...