Press Secretary Kayleigh McEnany President Trump Constitutional Legal Authorities
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[Press Secretary Kayleigh McEnany President Trump Constitutional Legal Authorities]
[Reporter:] Source: LYBIO.net
Thank you, Kayleigh. A number of Democrats, but also Republican Senator Ben Sasse has suggested these executive actions are unconstitutional. Can you walk us through what the White House is using as a legal rationale for the President to step in here? And would you be able to share the legal opinions?
Yes, I absolutely can do that. First, I would note that what we are doing is entirely within the executive capacity of the President.
On student loans, section 2A ~ 2, subsection A ~ of the Higher Education Relief Opportunities for Students Act of 2003, which is 20 U.S.C. § 1098(bb), authorizes the Secretary to waive or modify provisions of student financial assistance programs to ensure that individuals who’ve been affected by the National Emergency are not worse off financially. There’s another statute for that one ~ section 432 of the Higher Education Act of 1965 ~ which gives broad authority to the Secretary.
On unemployment, the Stafford Act 42 U.S.C. § 5174 says, the President, after a state applies for it, can provide assistance to people who have been adversely affected by a major disaster. These are often known as “Other Needs Assistance” or “ONA.”
On payroll tax authority, 26 U.S.C. § 7508A plainly authorizes the Treasury Secretary to provide any taxpayer that has been affected by federally declared disaster with an extension of up to a year. This was used before, when the Secretary extended the individual filing deadline for 2019 taxes from April to July.
And finally, for evictions, the authority would be suggesting that HHS and HUD consider whatever legal authorities they have to protect Americans. And also, the President merely instructed in that EO that we should do everything within the lawful capacity of the executive branch to protect Americans from evictions.
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Press Secretary Kayleigh McEnany President Trump Constitutional Legal Authorities. We should do everything within the lawful capacity of the executive branch to protect Americans from evictions. Complete Full Transcript, Dialogue, Remarks, Saying, Quotes, Words And Text.