Press Releases
03/03/2020
Attorney General Tong Sues to Block Unlawful Diversion of Billions of Taxpayer Funds-- Including Millions from Connecticut Projects-- For Trump Vanity Border Wall
(Hartford, CT) – Attorney General William Tong today joined a coalition of 19 attorneys general in a new lawsuit seeking to block the Trump Administration’s illegal diversion of $3.8 billion in taxpayer dollars for the construction of an unauthorized and pointless border wall. The Trump Administration diversions include millions from funds that Congress intended for Connecticut companies and the Connecticut National Guard.For the second consecutive year, the Trump Administration has circumvented the will of Congress by redirecting $3.8 billion appropriated for military equipment and National Guard readiness in order to build a wall along the U.S.-Mexico border. Congress has repeatedly rebuffed the President’s request to fund the border wall. In today’s lawsuit, the coalition of attorneys general argues that the court should again rule that the Department of Defense (DOD) diversion of already allocated funds to the construction of the border wall is an unconstitutional violation of Congress’s appropriation power.
“I will not let Trump steal taxpayer funds, drain Connecticut’s economy, and compromise our safety and security to build a massive money pit designed to foment fear and hate. We do not want this wall, we do not need this wall, and we will not pay for this wall—both Mexico and Congress delivered that message loud and clear. Donald Trump cannot override the will of Congress and hijack our money. That’s not how our Constitution works. Once again, the President has left us no choice but to take legal action to protect Connecticut and the rule of law,” said Attorney General Tong.
The Trump Administration’s unlawful and unconstitutional diversion of funding from National Guard procurement accounts and military appropriations will hurt Connecticut’s economy; reduce state tax revenues; damage our state’s critical security infrastructure; impair National Guard readiness; and threaten the safety of Connecticut’s National Guard and of all Connecticut residents. Connecticut’s economy is uniquely impacted by defense spending and stands to suffer significant harm. As of 2017, annual defense spending injected $15 billion in Connecticut’s economy, accounting for 5.6 percent of the state’s per capital GDP—a higher percentage than in all but two other states.
Among Connecticut priorities that could be impacted are funds for Pratt & Whitney’s F-135 engine, which powers jet fighters that the Administration seeks to eliminate in order to fund the border wall; funds for new 47 Humvees for the Connecticut National Guard; funding for new C-130J military transportation aircraft, which Connecticut’s National Guard seeks to house at Bradley Airport; and more than $8 million that Connecticut’s National Guard has requested for new equipment that are essential to readiness in the event of a natural disaster or other emergency impacting Connecticut. See here (LINK) to details within the lawsuit outlining Connecticut’s harm.
In the lawsuit, the coalition argues that the diversion of funds violates the principles of separation of powers, the Presentment Clause, and the Appropriations Clause of the U.S. Constitution by usurping Congress’s appropriation powers. The coalition further asserts that the Trump Administration fails to satisfy the legal requirements necessary to divert the funds and disregards the National Environmental Policy Act by failing to consider the environmental impact of construction. The diverted funds will be used to construct a wall on the borders of California and New Mexico, which pose imminent environmental harm to more than 100 sensitive plant and animal species.
The attorneys general filed an earlier suit on February 18, 2019 regarding unlawful FY19 border wall funding diversions. The federal district court ruled in Connecticut’s favor, and the Trump Administration’s appeal is pending before the Ninth Circuit Court of Appeals.
Attorney General Tong filed the lawsuit as part of a coalition led by California Attorney General Xavier Becerra and including the attorneys general of Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin.
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