(Trump legal team positioning for the legal battle ahead)
Mark Caserta is an opinion columnist and editor for Free State Patriot
January 26, 2019
Successful negotiating is like producing a fine wine.
If fashioned and placed on the table too quickly, you’ll likely experience something akin to a flavor-fortified Boones Farm Ripple. If allowed to develop its depth in a controlled environment, it can become a nice Cabernet Sauvignon with well-integrated tannins leaving the wine feeling silky on the palate and with a pleasing bouquet.
The most successful and enduring negotiations achieve a “win-win” for all parties involved. And remember, the more parties, the longer the process may take. Additionally, while one must always negotiate from a position of strength, it’s important to show the other party a desire for the process to benefit them in some way.
It’s critical, however, that one be willing to walk away from the table. Many acclaimed negotiations were catapulted by someone validating their position and sincerely, walking away.
For those wondering, that’s why Barack Obama failed so miserably in negotiating deals for the American people. He always seemed to be negotiating from a position of weakness and never toward a win for all parties, much less the American people.
Last week’s announcement by President Trump that he was conceding to the Democrats and allowing the government to re-open brought about a plethora of emotions and responses from those following the standoff.
Liberals and complicit media declared victory in that the president “caved” to their demands. Many conservatives were disappointed and even angry feeling their commander-in-chief “wavered” in the winds of political discontent.
Neither were correct. I believe this was a brilliant negotiating move by President Donald J. Trump.
Allow me to draw back the curtain revealing what I believe the president accomplished and his plans moving forward.
The president allowed the shutdown standoff to continue long enough to get all the Democrat cards on the table. And, indeed, they showed their full hand. He also allowed everyone to realize the full import of even a partial government shutdown.
But, Democrat leaders, Speaker Pelosi and Sen. Schumer were simply asking for the government to be re-opened and then, and only then, would they be willing to negotiate a deal. Frankly, that was a position easily substantiated by the media.
Now, while many people feel liberals will fail in producing legislation that funds a “barrier” or a wall, Democrats don’t have a leg to stand on! Remember, they voted on The Secure Fence Act of 2006, which provided much of what Trump is asking! That will, also, be a position easily validated.
Democrat leaders didn’t even include the Deferred Action for Child Arrivals (DACA) in their wish list, which is something President Trump had previously offered, proving their argument had nothing to do with compassion or benevolence.
So, last week, President Trump strategically, gave in to the Democrat’s demands.
Here ya go, Chuck and Nancy! The government is open and government employees will receive back pay. You have three weeks. Now get to work securing our border and protecting Americans.
However, here’s the “fly in the liberal’s buttermilk”, should they fail in passing legislation allocating sufficient funding for the wall along our southern border.
In his speech, President Trump confidently fortified his executive ability to declare a national emergency enabling him to gather financing from other resources to build the wall he promised during his campaign.
If Democrats fail in placing legislation on his desk at the end of three weeks, Trump will have already given them what they demanded. At that time, he will take the argument back to the American people explaining “why” he must declare a national emergency, as it is the only option left on the table. I believe the Trump legal team is already working to draft the declaration.
He won’t want to shut the government down again. He won’t need to. But there is no way liberal Democrats are going to give President Trump, yet another “huge” win by funding his border wall. Both parties already know this.
Trust me when I tell you, Democrat leaders are already shopping federal courts, such as the United States Court of Appeals for the Ninth Circuit, in preparation of filing suit against the President of the United States. They will claim his action is unconstitutional, and trust that the Ninth “circus” Court of Appeals will agree, since they are arguably the most liberal court in our nation.
Also, trust me when I tell you, the Trump administration already knows that.
Herein, my friend, lies the importance of the balance of the U.S. Supreme Court, as this will ultimately be decided at that level. It may take some time, but probably not as long as one may think considering this deals with what the president has declared a national emergency. It will, most assuredly, rise to the top of the court’s docket.
Regardless, President Trump and the American people will get a barrier along our southern wall. And it will be a wall sufficient to deter most illegal immigration, drugs, human trafficking and gang related entry.
This huge debacle is a travesty brought on by liberal Democrats.
The primary responsibility of a president is to protect our nation and its citizens. Walls are proven to work. Democrats have no other goal in this standoff than to cause President Trump to fail. His mounting number of wins are working to secure his victory in the 2020 president election.
The Democrat position does nothing but put Americans at risk. I consider that the antithesis of patriotism, bordering on treason.
Three weeks and counting. It will be an interesting series of events.
Free State Patriot 
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