Posted on 11/26/2019 7:53:56 PM PST by Ainast
Can the president legally withhold congressionally approved aid? Is there any examples of Obama doing this?
Ive been researching a response to a friend but im stuck on this one. Help please.
“Congress can allocate money but it can’t force the executive to spend it.”
That’s not true. The Congressional Budget and Impoundment Control Act of 1974 removed the Presidential power of Impoundment.
Pakistan making nukes and we found out. President directed we do not deliver Pakistan the F-16’s they bought and we keep their money. Deliveries not done, even though Pakistan paid upfront .
Also, in the Letter of Offer and Acceptance (the contract to buy US military gear), there is a clause that says president.
The president must stop deliveries if the country acts up or behaves in a way that harms US interest or is a risk to US interests.
Prior to any sale (security assistance) the president must make a declaration to congress that says the sale is in US national interests. If the country acts up or act contrary to US interests or negatively upsets the balance in the region, the declaration the president make to congress is no longer valid and the president must stop deliveries.
So, if a country becomes way corrupt, president has a duty to suspend deliveries because that country is not acting in accordance with US standards and the president MUST stop deliveries.
Corruption is most certainly a part of the deal—so if the country gets too corrupt and upsets the balance of power in the region, the president can suspend deliveries. Suspension happens with input from DoD, state and other departments. There is usually an internal argument about suspending deliveries. That’s what we saw last week-a sampling of the internal debate that takes place, nothing more, just massive egos thinking THEY are right and everyone else is wrong.
This whole thing about the president withholding delivery to Ukraine is a nothing-burger: he has the obligation to withhold, or even begin to make the sale, because if the president no longer thinks it is in the US Interest, he must stop deliveries until he is satisfied that it again is in the national interest to make the sale or stop it. President has that right and power.
Think Iran, they paid upfront for F-14 jets but then had a revolution and abused US personnel and Iran upset the balance of power in the region and made it unstable. The president stopped deliveries.
What we saw last week was a usual internal argument about should the US keep deliveries going or stop. The president suspends to check on status of Ukraine—are they no longer suitable for deliveries or not, and internal to the president and all those other department takes place and massive egos clash if they are not being listened to or if deliveries should fully stop, partially stop, or keep going.
Presidents call.
Pardon any errors, on iPhone and its night and etc.
“The Congressional Budget and Impoundment Control Act of 1974 removed the Presidential power of Impoundment.”
That law is unconstitutional.
And as I said there is a law requiring the President to withhold aid to Ukraine if they aren’t cracking down on corruption.
But Security Assistance/Foreign Military Sales, is under the AECA and and other enabling laws. FMS is unique and has limitations and the president has an obligation to withhold if the receiving nation is acting up.
FMS has different rules because of the nature of the sale. Post 22 please.
Post 22, please
I'm quite familiar with FMS and the AECA in general. That was my gig for a couple of years.
The FMS situation with Ukraine is fuzzier since we are providing them with credits (financial assistance) with no repayment. That's how our military aid for equipment works. It can also be done for training and the like if the LOR from the requestor asks for it.
FMS credits go through State, although DoD implements the case. There is also the Ukraine Security Assistance Initiative in DoD. It is supposed to follow a pseudo-FMS process, but likely does not.
I don't get this. According to this excerpt, the aid was withheld "long past the mandated 45-day period". But the aid was released prior to the September 30, 2019 fiscal year end. When did the clock start on the "mandated 45-day period"?
Previous Presidents have done it without much push back, including Obama, who froze aid to Egypt and Uganda, not to mention the threat to withhold aid to Ukraine.
Ignore references to sites such as Lawfare.org and justsecurity.org, as they are far left and will frame any issue from a leftist/globalist/anti-Trump viewpoint.
Consider the hundreds of nations we are doing this dance with? There aren't enough jails in the D.C area to hold these thieves or enough honest will to arrest them for it.
That damn Obama LOVED to double cross people. He got off on it.
Show them this video
He never talked them into disarming.
This is done all the time. The President is in charge of the State Department, all conversations and treaties with foreign countries, and of course the Treasury. Only in the case that laws specifically limit the presidents powers, can he be sanctioned. And his powers cannot be limited in contradiction to the constitution.
This impeachment does not have any there, there. Even if Trump did everything he is accused of, he has committed no crime. And in fact, he would have only done what other presidents and state department officials always do. (See Joe Biden’s video). Many republicans are mad because the president denied doing something he is allowed to do, happens all the time, and even promised to do on the campaign trail.
Just because Joe Biden is running for president does not mean he and his son Hunter are above the law. Here are the know facts about Hunter...
Hunter’s ex-wife sued for divorce stating as a reason, that he spent their money on strip clubs and cocaine.
The Navy threw Hunter out when he tested positive for cocaine.
Hunter moved in with his brothers widow shortly after his brother died.
A women Hunter was sleeping with while he was sleeping with his brothers widow claimed that he was the father of her unborn child. A DNA paternity test proved her correct.
Hunter and John Kerry’s step son, were given Billions to invest in American companies that China was not allowed to invest in. Hunter had no investment experience or education. Hunter had no experience with China, nor did he speak the language. John Kerry was secretary of state at the time.
Hunter and John Kerry’s ex-campaign aide became board members for a Ukraine gas company. John Kerry was secretary of state at the time. Hunter did not speak Ukrainian. Hunter had no Utility or gas experience. Hunter had no Ukraine experience. Hunter admitted on TV that he got the job because his name was Biden. Hunter was paid far more than normal board members would receive.
This impeachment is not bad for Trump. He was doing his job.
Former SAF/IA here and a commercial international business developer when I retired, worked FMS sales and programs Greetings my brother!
The following you already know and is for the benefit of others that never were in the Security Assistance world: FMF credits are where the appropriate DoD mil dep runs the selection process and then runs the program. So, as you are aware, this keeps things honest. With Ukraine, corruption (I think) is part of the withholding decision until the president verified Ukraine was making a good faith effort to clean up their act.
I think.
Cheers
Oh, and line 999 of the LOA always is there (it is the “training”line).
We do the Total Package Approach to all FMS programs, FMF funded programs or simply FMS and line 999 is always in the contract. Details regarding length and amount vary with third-world countries getting full training funding and running the length of the program, whereas, say, the Brits, line 999 is there with minimal finding and/or a much shorter time-frame.
Again, for people that want to learn more.
Cheers
However, that is not seen as doing so expressly for political gain
But Biden with Obama support ("call him") withholding aid to Ukraine in order to cause Ukraine to fire a prosecutor who just happened to be investigating his son certainly should qualify as a conflict of interest.
Another reason this foolish impeachment joke is a flop is that many people really do not care about Ukraine. They also do not want to give them our money.
Politicians are all pissy because they were waiting for the kickbacks coming from Ukraine of US taxpayer dollars into their precious bank accounts and foundations.
“They also do not want to give them our money. Politicians are all pissy because they were waiting for the kickbacks coming from Ukraine of US taxpayer dollars into their precious bank accounts and foundations.”
To be clear, Ukraine is provided FMF funding. . .foreign military financing. This means money allocated to them stays in a fed bank in Denver and the military department that uses the kit the Ukrainians want, that mil dep runs the source selection process, makes the selection and then runs the program. The Ukrainians never see the money, can’t touch it and never have access to it. The money stays in the US and never leaves the US.
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