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CONFIRMED: Trump Doesn’t Need Nancy’s Permission to Convene Congress for the State of the Union

It’s right there in the Constitution.

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There has been much adieu made about Speaker of the House Nancy Pelosi’s disinviting President Donald J. Trump to give the State of the Union address on the floor of the House of Representatives.

But, just as Pelosi had no authority to use a military jet for her overseas vacation with a Congressional delegation Thursday after Trump cancelled her plane, she appears to have no power to stop him from convening the Congress for the State of the Union, especially given the emergency at the southern border.

The legal precedent lies in an opinion from the Deputy Solicitor General for President Franklin Delano Roosevelt, a man by the name of George T. Washington, who, from his post at the Department of Justice, told Congress that the president has the Constitutional authority to convene them even when they are adjourned, as they are now due to the partial government shutdown.

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“There is nothing in the Constitution to indicate, nor is there any other basis for believing, that the President’s power to convene the Congress on extraordinary occasions depends upon the precise nature of the recess or the adjournment, that is, whether the adjournment is sine die, until a day certain, or until the majority leaders of the Congress find it in the public interest to reassemble the two houses,” Washington wrote in 1947.

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Washington highlighted that the authority for the President to proceed as such exists especially during “extraordinary occasions.”

“The important factor would appear to be not the nature of the recess or adjournment but, rather, that the Congress is not in session and that an extraordinary occasion has arisen which requires that it be in session and that it convene, therefore, at a date earlier than it otherwise would,” he wrote. “It is beyond question that the two houses of the Congress do not have the power, even by statute, to defeat the constitutional power of the President, under Article II, Section 3, to convene the Congress on such an occasion.”

In this case, the “extraordinary occasion” is obvious: America’s porous southern border is costing American lives and crippling the lives of others via the dangerous drugs that pour into the country unfettered.

In a sane nation, one in which a political party wouldn’t be willing to sacrifice innocent lives or the wellbeing of its citizenry simply to defy a political foe, such legal pretense – all to give a simple speech – might not be necessary. But since, in 2019, the Democratic Party is interested in playing games with America’s security and prosperity, perhaps they’ll need to be compelled to let Trump elucidate the full scope of the problem on a national stage.

If that is the road Pelosi and company want to take, Trump appears to have the legal authority squash them yet again – and he should.


Follow Peter D’Abrosca on Twitter: @pdabrosca

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Border Security

Illegal Alien Arrested in the Beating, Torture, and Death of His Nine Year Old Son in Idaho

Erik Osuna is an illegal immigrant.

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A man identified by prosecutors as an illegal alien has been arrested in the beating and torture of his own son, with the boy’s stepmother being charged with murder in his death.

Emrik Osuna, a nine year old boy, was discovered starved and covered with bruises at the residence of Erik Osuna-Gutierrez and Monique Osuna. First responders who were summoned to the Meridian, Idaho home later pronounced the boy dead.

(Pictured: nine year old Emrik Osuna.)

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(Pictured: Erik and Monique Osuna.)

Police reports indicate that Monique Osuna has admitted to police that she kicked her stepson in the groin and beat him with various household objects, among them a frying pan, a wooden spoon, a backscratcher, a belt, and even a dog leash. She’s being charged with murder, and Erik Osuna is being charged with felony injury to a child, infliction of great bodily harm and destruction of evidence in the abuse of the child.

The couple allegedly subjected the nine year old boy to a sickening regimen of continual child abuse, such as forcing him to exercise for hours, locking him into a closet, and feeding him starvation rations of water and rice for weeks. Prosecutors are alleging that Erik Osuna allowed the abuse to happen, and that the sick couple only called 911 hours after Emrik Osuna was in severe medical distress.

Idaho prosecutors have identified Erik Osuna as an illegal immigrant, pointing him out as a flight risk in pre-trial bond hearings in the case. They urged a judge to deny Osuna a bond because of his status as an illegal, arguing that he could attempt to flee because he doesn’t have many personal connections in the state.

Both Osunas are being held on $2 million bonds in the Idaho jail system, and neither have entered a plea in response to the charges. Their next court appearance is scheduled for September 17th.

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