Statement by the President (H.R. 1865, the “Further Consolidated Appropriations Act, 2020”)

Today, I have signed into law H.R. 1865, the “Further Consolidated Appropriations Act, 2020” (the “Act”), which authorizes appropriations to fund the operation of certain agencies in the Federal Government through September 30, 2020.

Certain provisions of the Act (such as Division J, sections 203 and 206) purport to restrict the President’s constitutional authority as Commander in Chief to control the personnel and materiel that the President believes to be necessary or advisable for the successful conduct of military missions. Other provisions of the Act (such as Division F, section 110, and language under the heading “Contributions for International Peacekeeping Activities”) purport to require the President to receive the recommendation of subordinates in the executive branch, or to provide advance notice to the Congress, before the President may direct certain military actions or provide certain forms of military assistance. The President’s constitutional authority as Commander in Chief is exclusive and cannot be made subject to such conditions. I reiterate the longstanding understanding of the executive branch that requirements of advance notice regarding military or diplomatic actions encompass only military actions for which providing advance notice is feasible and consistent with the President’s constitutional authority and duty as Commander in Chief to ensure national security.

Numerous provisions of the Act could, in certain circumstances, interfere with the exercise of the President’s constitutional authorities to articulate the position of the United States in international negotiations or fora (such as Division F, under the heading “Contributions for International Peacekeeping Activities”; Division G, sections 7010(c) and 7013(a); Division I, section 403; and Division J, sections 113(b), 143(a), 161(a)–(b), 203, 208, 403, 503, 504(b), 506(7), 903(b)(1)(C), and 7059), to receive ambassadors (such as Division G, section 7031(c)(1); and Division J, section 132), and to recognize foreign governments (such as Division G, section 7047(b)(2)(A); and Division J, section 112(c)). My Administration will treat each of these provisions consistent with the President’s constitutional authorities with respect to foreign relations, including the President’s role as the sole representative of the Nation in foreign affairs.

Division J, title VIII of the Act reauthorizes the United States Commission on International Religious Freedom, which comprises both congressional and Presidential appointees, as well as the Ambassador at Large for International Religious Freedom. Because this commission includes members appointed by the legislative branch, under the separation of powers it cannot be an executive branch entity, which must be subject to the supervision of the President under Article II. My Administration accordingly will treat the commission as a legislative branch entity, separate from the executive branch. The executive branch members of this Commission, including the Ambassador at Large, will remain accountable to the President in the exercise of their statutory responsibilities.

Division P, section 1603(b)–(c) of the Act purports to empower special agents under the Inspectors General for the Architect of the Capitol and the Government Publishing Office to execute warrants for search, seizure, and arrest, as well as to make warrantless arrests upon reasonable belief that a person is committing a felony. To comply with the separation of powers, these special agents, as employees within the Legislative Branch, must limit their use of these authorities to actions that aid in the exercise of the Congress’s constitutional functions.

Several provisions of the Act (such as Division J, sections 131(a)–(b), 162, 163(d), 164(a), and 903(b)(3)) purport to mandate or regulate the submission of certain executive branch information to the Congress or the public, including by mandating the declassification of certain information (Division J, section 902). In addition, certain provisions of the Act purport to prohibit the use of funds to deny an Inspector General access to agency records or documents (such as Division F, section 214(a)–(b); Division H, section 418). My Administration will treat these provisions consistent with the President’s constitutional authority to control the disclosure of information that could impair foreign relations, national security, law enforcement, the deliberative processes of the executive branch, or the performance of the President’s constitutional duties, and to supervise communications by Federal officers and employees related to their official duties, including in cases where such communications would be unlawful or could reveal confidential information protected by executive privilege.

Division B, section 715 of the Act purports to prohibit the use of funds to recommend certain legislation to the Congress. Because the Constitution gives the President the authority to recommend to the Congress “such Measures as he shall judge necessary and expedient,” my Administration will continue the practice of treating provisions like these as advisory and non‑binding.

Numerous provisions purport, in certain circumstances, to condition the authority to spend or reallocate funds on the approval of congressional committees (such as Division B, sections 701, 702, 706, 716(a)–(c), and 726; Division C, sections 101(a)(3)–(5), 201(a)(3)–(7), and 301(e); Division D, section 301(e), 403, 409, and 426; Division F, sections 130, 201, 202, 218, 225, 229, 230, 231, and 248; Division H, section 188, 218, 231(b), and 406; and Division J, section 901(f)(2)) or on prior consultation with congressional committees (such as Division A, section 514(a)–(b); Division G, sections 7009(c)(1), 7009(f), 7032(i)(2), 7034(e)(3), 7034(j), 7034(o)(3), 7041(a)(3), 7041(c)(2), 7041(i)(4), 7041(k)(4), 7045(e)(2), 7048(f), 7050(e), 7052(b), 7058(b)(4), 7059(e), 7060(a)(2), and 7062(a); and Division J, sections 505(a)–(b), 510(b)(1), 510(c)(1), 510(c)(3), and 904(a)(3)). These are impermissible forms of congressional aggrandizement in the execution of the laws other than by the enactment of statutes. My Administration will make appropriate efforts to notify the relevant committees before taking the specified actions and will accord any recommendations of such committees all appropriate and serious consideration, but it will not treat spending decisions as dependent on approval or prior consultation with congressional committees.

So, here’s a question to the folks of Free Republic..... By signing it, isn’t he acknowledging and accepting the provisions contained?

I understand that he’ll still do what he wants, thinks is right, hopefully. But, then it’s right back to court as the Dem’s seek to enforce provisions in the bill and, wait for it....off to court we go...again. So the President can go to some court, some where and argue that he is within his rights to make the decisions he made. Nothing but obstruction....24/7.

And then I skim through this .... https://www.breitbart.com/politics/2019/12/22/study-immigration-redistribute-26-congressional-seats-blue-states-2020-election/

Skimmed through it, only because it sickens me to know that it is being allowed to happen, right in our faces and neither side cares.

So, here’s a question to the folks of Free Republic..... By signing it, isn’t he acknowledging and accepting the provisions contained?

~~~~~~~~~~~~~~~~~~~~
Because Dems freighted the bill with many limitations, hoping it would deter the President, or harness the office of the president, President Trump wrote a letter telling them what he will and will not do re this legislation; he told them he will ignore the parts that restrict presidential authority.

By signing the bill, President Trump saw to it that the troops and others received funds the Dems would like to deny them. President Trump will fight Dems on every clause of every page if he needs to, but he will not back down and let them redefine the presidency or deny troops needed funds. MAGA

Here’s the letter wherein he basically tells Dems to go pound sand:

https://www.whitehouse.gov/briefings-statements/statement-by-the-president-33/

Soooo....let me get this straight.....

They send him this bill, giving him things he wants, in exchange for a closet full of restrictions, etc that they’ve imposed hoping to obstruct everything the man wants to do.

He then signs the bill, getting all the things he wants.

While simultaneously, sending them a letter that basically says: Thanks for everything, but I’m not going to play by any of your rules and will continue to do what I feel is necessary as the Commander in Chief and there ain’t sh*t you can do about it. BTW, thanks for the Border wall money. Peace. Merry Christmas and God Bless America.

Is that a pretty good synopsis?

If so, the man in on another level. So many thought he was such a nube and wouldn’t be able to navigate or play in the ‘big leagues’. He’s making them all look like fools, which they are, but he’s really, really, really driving home that point.

God forbid, Barr and Durham actually do something and he is re-elected(which I believe he will be). The USA will completely transform in the years to come.

Well on his way to being the greatest President in the history of our nation.

Ha ha ha ha ha ha .... I bet he could put every single one of them in their place with one of his signature tweets. Something along the lines of..

When I decided to run for President, I knew there were many that wanted no part of me. That holds true with about half of the population, at least half-or more-of Congress and a sizeable chunk of the federal workforce. I’m a businessman and when there’s waste and inefficiency I cut it. I also expect others in government service to be the same. They’re stewards of the US Taxpayers money and are hired to do their best for the American people, not their donors or lobbyist friends.

When I was elected, I knew I would take a beating and I continue to do so, all for the American people, on both the Right and the Left. But, I never thought that the corruption, waste, fraud, and greed that I’ve seen in the last 3 years, was possible. WOW!!

In years past, previous Presidents have enjoyed an opposition that didn’t go after their families. Not so with me. They’ve gone after my children and there are a few that have said some pretty despicable things about my wife.

So, given recent events and with what has been going on for the last 3 years I think it’s now time for the US taxpayer to know a few things. Starting tomorrow I will start letting the people know what their Representatives in Congress and the federal government have been up to.

After obtaining the list, tomorrow at 0800hrs, I will make public the list of the Congressional members, that secretly used taxpayer money to squash or settle various claims made against them by staffers and others, to include allegations of sexual harassment. The victims of these claims will not be named.

It’s about time the American people knew who they were sending to DC.

Thank You ... Merry Christmas and God Bless America............

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.