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Democrats: When Trump Pauses Funds, It’s Illegal. When Biden Does It, It’s Fine
The Federalist ^ | March 17, 2021 | Mark Paoletta

Posted on 03/17/2021 8:39:14 AM PDT by Kaslin

GAO has no option other than to find that President Biden’s pause of the border wall funds is unlawful and should issue an opinion stating the Biden administration has broken the law.


Last Congress, many Democrats, including Rep. John Yarmuth, the chairman of the House Budget Committee, claimed the Trump administration’s Office of Management and Budget (OMB) broke the law when it paused the obligation of funds to Ukraine for 50 days to determine the best use for them.

On the very first day of his administration, however, President Biden directed that funding specifically appropriated to build the wall along the southern border be paused for 60 days to determine how best to spend those funds. Press reports indicate that all funding for the wall construction has stopped.

Biden has now held these funds longer than OMB held the Ukraine funding. But Yarmuth has stayed silent about the Biden hold on funds, demonstrating that the congressman cares nothing about the law and only about partisan politics. In contrast to this hypocritical silence, 40 Republican senators have requested that GAO look into whether the Biden hold is unlawful.

As OMB general counsel during the Trump administration, I authorized the Ukraine funds pause so President Trump could consider the best use of those funds, consistent with the law and his policy. Although those funds were designated for Ukraine, there were a variety of ways they could be spent to benefit the government of Ukraine, from purchasing weapons to blankets. This pause was entirely appropriate and legal, and once the president made a decision OMB made the funds available and they were obligated before the end of the fiscal year.

The Government Accountability Office (GAO), which is simply an instrumentality of Congress, rushed out an opinion during the failed partisan impeachment effort claiming that OMB had violated the Impoundment Control Act by pausing the spending of those Ukraine funds. GAO concluded that the president could never pause funds to conduct a policy review to determine the best use of those funds, even if the law allowed for a variety of ways for the funds to be spent.

Based on this GAO reasoning, President Biden’s order is an unlawful act and a violation of the Impoundment Control Act. Yet Yarmuth, who accused the Trump OMB’s of breaking the law for pausing funds and cited this very GAO opinion, has not raised a single objection to President Biden’s hold. GAO has also remained silent and done nothing. This is plainly hypocrisy and the use of double standards.

OMB’s pause on the obligation of the Ukraine funds was in fact perfectly legal and appropriate pending a policy review. GAO’s opinion (and Yarmuth’s position) is legally wrong. It’s also reckless to argue that a president does not have the discretion to determine how best to spend funds when the law in fact provides that discretion.

For example, last year, as it has done for many years, Congress appropriated a lump sum of funding to the State Department for international organizations. The World Health Organization (WHO) is one of those qualifying international organizations, but President Trump did not want to provide funding to WHO because of its complicity in aiding China in lying and covering up the spread of COVID 19. As OMB general counsel, I determined that the president had the legal authority to pause the obligation of those funds to determine where best to spend them, and the funds were obligated to other international organizations, consistent with the law.

But since GAO rejects this executive branch latitude with respect to pausing funds for a policy review, GAO has no option other than to find that President Biden’s pause of the border wall funds for a policy review is unlawful. It should forthwith issue an opinion stating that the Biden administration has broken the law.

Most important, Yarmuth, based on his support of GAO’s position and his accusations last year, should publicly object to the Biden administration’s hold or admit he was simply playing partisan politics when he criticized OMB for pausing funding during the Trump administration to determine how best to spend those funds. But I won’t hold my breath.


TOPICS: Culture/Society; Editorial; Politics/Elections
KEYWORDS: bideneffect; borderwall; demonrats; executivebranch; federalgrants; federalspending; gao; icact; joebiden; johnyarmuth; omb; politicization; ukraine
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1 posted on 03/17/2021 8:39:14 AM PDT by Kaslin
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To: Kaslin

Hypocrisy is part of the Traitorcrats’ MO.


2 posted on 03/17/2021 8:40:58 AM PDT by Carl Vehse
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To: Kaslin

Well, Shouldn’t McCarthy be filing articles of impeachment? Who cares if it goes nowhere, its on record.


3 posted on 03/17/2021 8:42:51 AM PDT by TiGuy22
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To: Carl Vehse
Exactly, but I don't call them crats, I refer to them as Rats
4 posted on 03/17/2021 8:46:56 AM PDT by Kaslin (Joe Biden will Especial never be my President, and neither will Kamala Harris)
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Law Shmaw. If it hurts americans there shall be no impediment


5 posted on 03/17/2021 8:48:44 AM PDT by dsrtsage (Complexity is merely simplicity lacking imagination)
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To: TiGuy22

He should and I pray that he will.


6 posted on 03/17/2021 8:49:36 AM PDT by Kaslin (Joe Biden will Especial never be my President, and neither will Kamala Harris)
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To: Kaslin

In DC, hypocrisy is a commodity, traded vigorously on K Street...................


7 posted on 03/17/2021 8:56:43 AM PDT by Red Badger ("We've always been at war with Climate Change, Winston."..............................)
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To: dsrtsage

Law Shmaw. If it is done by a Democrat there shall be no impeachment...........................


8 posted on 03/17/2021 8:57:32 AM PDT by Red Badger ("We've always been at war with Climate Change, Winston."..............................)
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To: Kaslin

I truly truly despise / hate / loath / Biden and more over
EVERY DemonRat….. and the RINOS that continue to help them.


9 posted on 03/17/2021 9:01:25 AM PDT by southernindymom
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To: TiGuy22

McCarthy is a joke——


10 posted on 03/17/2021 9:15:28 AM PDT by bantam
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To: Kaslin

If it weren’t for double standards, some people wouldn’t have any standards at all.


11 posted on 03/17/2021 9:16:00 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: Kaslin
Liberals have no standards they are willing to live up to.

They are only willing to impose standards on Conservatives, so as to constrain and vilify.

12 posted on 03/17/2021 9:17:20 AM PDT by G Larry (Authority is vested in those to whom it applies.)
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To: Kaslin

BTT


13 posted on 03/17/2021 9:35:37 AM PDT by GailA (Constitution vs evil Treasonous political Apparatchiks, PRO-CONSTITUTION!)
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To: G Larry

[ Liberals have no standards they are willing to live up to.

They are only willing to impose standards on Conservatives, so as to constrain and vilify. ]

It’s in the FOOKIN PLAYBOOK!

“Make the enemy live up to its own book of rules.”


14 posted on 03/17/2021 9:37:00 AM PDT by GraceG ("If I post an AWESOME MEME, STEAL IT! JUST RE-POST IT IN TWO PLACES PLEASE")
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To: G Larry

Principles of The Democrat Party and their Members

1. Lying
2. Cheating
3. Greed
4. Hypocrisy
5. Power Lust
6. Projection
7. Abuse of Women
8. Rejection of any redeeming principles
9. Racism
But remember, without these principles they wouldn’t have any.


15 posted on 03/17/2021 9:37:09 AM PDT by JayAr36 (My disgust with government is complete.)
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To: G Larry

I could not have said it any better.


16 posted on 03/17/2021 9:38:52 AM PDT by Kaslin (Joe Biden will Especial never be my President, and neither will Kamala Harris)
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To: southernindymom

If the RINOS weren’t stupid, they wouldn’t help them.


17 posted on 03/17/2021 9:41:31 AM PDT by Kaslin (Joe Biden will Especial never be my President, and neither will Kamala Harris)
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To: Carl Vehse

Democrat

That is all.


18 posted on 03/17/2021 10:15:10 AM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
The thing we need to worry about is *not* the removal of Biden, but its aftermath. It is clear that he's a sock puppet.

19 posted on 03/17/2021 10:49:06 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: Organic Panic
Organic Panic @18: "Democrat
That is all."

And that has become the most satanic evil, obscene, perverted, genocidal, traitorous description that could be applied to such people.

20 posted on 03/17/2021 11:14:43 AM PDT by Carl Vehse
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