EXCLUSIVE: Biden's order to halt border wall construction is likely illegal, experts say

- THE WASHINGTON TIMES - Jan 25, 2021 -

Stephen Dinan -

President Joe Biden speaks during an event on American manufacturing, in the South Court Auditorium on the White House complex, Monday, Jan. 25, 2021, in Washington. (AP Photo/Evan Vucci)

President Biden’s directive pausing border wall construction is probably illegal, several experts told The Washington Times, saying he has the power to cancel Defense Department money that was being funneled toward the project, but he went too far by halting construction paid for by money Congress had specifically approved for the wall.

Mr. Biden’s order last week also put 5,000 people out of work, and will waste “billions” of dollars to pay off contractors for work that will no longer be done, said the man who oversaw construction for the Trump administration.

Mark Morgan, who was acting commissioner of Customs and Border Protection, told The Washington Times in an exclusive interview that as of Jan. 20 they were still spending money Congress had approved three years ago on wall construction, and a president is required to carry that out.

“The president just can’t unilaterally say ‘Congress, what you appropriated funding for, no, I’m not going to do that,’” Mr. Morgan said. “He was basically telling CBP to break the law to stop construction.”

Some 460 miles of wall built under Mr. Trump, and Homeland Security had plans — and funding — to erect more than 300 more miles, Mr. Morgan said.



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