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GAO finds Trump administration broke law by withholding aid from Ukraine
The Hill ^ | 01/16/20 10:06 AM EST | BY REBECCA KLAR

Posted on 01/16/2020 7:57:13 AM PST by Swordmaker

The Trump administration violated the law by withholding appropriated security assistance to Ukraine, the Government Accountability Office said Thursday in a report.

The independent watchdog said the Office of Management and Budget (OMB) withheld the appropriated funds last summer.

The report said U.S. law “does not permit the president to substitute his own policy priorities for those that Congress has enacted into law.”

“Therefore, we conclude that OMB violated the [Impound Control Act],” GAO said.

The withholding of the aid is central to the ongoing impeachment proceedings against President Trump.

--This breaking news report will be updated.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: bs; gao; impeachment; presidenttrump; trumpukraine; ukraine
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To: babble-on
C-I-A (what a giveaway!) R-A-M-E-L-L-A

Just as I thought. You can’t. You had to put dashes and interrupt the name with a comment. Can’t help yourself, can you? ROTFLMAO!

141 posted on 01/16/2020 12:12:33 PM PST by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot!)
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To: Swordmaker

duckduckgo actually found it... on youtube

but i couldn’t find it using youtube search


142 posted on 01/16/2020 12:20:18 PM PST by samtheman (I hope someone close to Trump is reading FR every day.)
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To: samtheman

point proved.. .


143 posted on 01/16/2020 12:33:44 PM PST by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot!)
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To: Swordmaker

No trial or defense allowed. Guilty and straight to jail says the beaureacrats that nobody has ever heard of trying to enforce a law that nobody has ever heard of.


144 posted on 01/16/2020 12:44:13 PM PST by JerseyDvl ("If you're going through hell, keep going.")
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To: Swordmaker

yup


145 posted on 01/16/2020 1:37:23 PM PST by samtheman (I hope someone close to Trump is reading FR every day.)
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; azishot; AZ .44 MAG; Baynative; ..

P


146 posted on 01/16/2020 1:47:50 PM PST by bitt (A FRIVOLOUS impeachment vote is a SEDITIOUS CONSPIRACY)
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To: bitt

more propaganda from Clowns, DS, DNC, MSM


147 posted on 01/16/2020 2:11:01 PM PST by thinden
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To: Swordmaker

The report said U.S. law “does not permit the president to substitute his own policy priorities for those that Congress has enacted into law.” >>>>>>>>>>>>>>>

Oh yes it does. That law is called the “Constitution.” The president can substitute whatever policy he wants in relation to the execution and enforcement of the laws Congress passes.


148 posted on 01/16/2020 2:20:29 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obam_the_quintessentia_1.html))
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To: Swordmaker
You are correct. And there are an infinite number of reasons why the Executive Branch might delay a transfer of funds, or a payment. Under the GAO interpretation it seems like an Executive Branch official would be unable to delay a payment that funds had been appropriated for to a vendor.

So, as an example, it appears that if some government supplier made a batch of defective parts and the contracting officer declined to pay the invoice then that would be illegal. But that is an absurd interpretation of the law, and surely wrong.

The GAO report is just another example of how corrupt and partisan many parts of the government have become.

149 posted on 01/16/2020 2:24:31 PM PST by freeandfreezing
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To: freeandfreezing

and ever last gov’t employee who does things like this should fired without their pension. The people who work with those people who said nothing should be transferred to the shyttiest post imaginable.


150 posted on 01/16/2020 2:26:45 PM PST by txnativegop (The political left, Mankinds intellectual and political hemlock)
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To: semimojo
And all these years I've been taught that Congress had the power of the purse.

Good job repeating the talking point from the GAO memo. If you were paying attention in class, or ever did any business with the government, you would realize that people in the Executive Branch are responsible for doling out money from the "purse" and that they routinely exercise discretion in doing so.

If you didn't complete the job you can't expect to get the check. If the government finds out that you are, for example, a doctor filing false claims for medicare payments you don't get the check. The departments responsible for those kinds of efforts is in the Executive Branch.

Ask yourself a question. If Congress budgeted funds for a new police station in Mosul Iraq should the US government have sent the money to Mosul after it fell to ISIS? I think you know the answer is "no".

The Executive Branch has plenty of leeway to adjust the timing of payments, or even withhold them, based on its decisions that are taken as it implements the spending authorized by Congress.

151 posted on 01/16/2020 2:33:49 PM PST by freeandfreezing
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To: Swordmaker
***So a bunch of Non-Partisan (but really Democrat) bureaucrats determined that President Trump, who is constitutionally in charge of Foreign Policy can be trumped by a budgetary allocation and forced to expend funds regardless of changing international situations?***

The Deep State is determined to establish itself as our masters... they keep coming out of the wood work. With investigation it seems to emerge that the various efforts are all inter-connected - coordinated.

152 posted on 01/16/2020 2:34:14 PM PST by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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To: Swordmaker

Since when it is against the law not to give foreigners our treasury? President Trump ought to make the deep state howl by immediately cancelling ALL foreign aid. Only reinstate to countries that share our national goals.


153 posted on 01/16/2020 2:40:26 PM PST by Kudsman (Im trying to love the tolerant left. They make it very hard to do.)
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To: samtheman

Thanks for the link!

Trump should post this to Twitter or a campaign ad!

I fu*king loathe Democrats and our lying Media!


154 posted on 01/16/2020 3:29:45 PM PST by Artcore (Trump 2020!)
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To: rdcbn
"Trump was doing due diligence to see if the new crowd was really going to follow through as reformers."

Mick Mulvaney engineered a tactic to rescind $5 in foreign aid in 2018 to prevent a cascade of end-of-year spending by the State Department. This tactic was tried before to prevent $15 billion in aid. The tactic was to freeze the aid long enough so the aid would expire. This tells me President Trump was having Mulvaney stop this aid as a method to cut spending. If a government receiving aid was corrupt it was more reason to cut aid.

155 posted on 01/16/2020 4:54:37 PM PST by jonrick46 (Cultural Marxism is the cult of the Left waiting for the Mothership.)
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To: freeandfreezing
...people in the Executive Branch are responsible for doling out money from the "purse" and that they routinely exercise discretion in doing so.

Of course, and the examples you give are considered programmatic changes necessary in order for the Executive to implement the law.

The GAO found that in this instance that wasn't the case. They said the funds were withheld for policy reasons which is prohibited by the Impoundment Control Act.

We can say the ICA is bad, stupid or unconstitutional, but for now it's the law.

156 posted on 01/16/2020 5:11:24 PM PST by semimojo
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To: freeandfreezing

I can see that


157 posted on 01/16/2020 7:27:14 PM PST by thinden
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To: Bob Ireland; bitt; little jeremiah

***So a bunch of Non-Partisan (but really Democrat) bureaucrats determined that President Trump, who is constitutionally in charge of Foreign Policy can be trumped by a budgetary allocation and forced to expend funds regardless of changing international situations?***
The Deep State is determined to establish itself as our masters... they keep coming out of the wood work. With investigation it seems to emerge that the various efforts are all inter-connected - coordinated.

Xxxxxxxxxxxxxxxxxxxxxxxxx

Good points, Bob!

Good to see you back

Hope you heal quickly & completely


158 posted on 01/16/2020 7:30:05 PM PST by thinden
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To: semimojo
We can say the ICA is bad, stupid or unconstitutional, but for now it's the law.

You are being obtuse and delusional. Our system of government with three co-equal branches does not require the President to kowtow to the policy decisions of previous Congresses, especially in Foreign Affairs.

Now about your assertion that constitutional laws must be obeyed. Not true. It’s our duty as free citizens to disobey unconstitutional laws. If a law is unconstitutional, then multiple SCOTUS rulings have established it cannot be the law. Laws that are passed which are unconstitutional should not be obeyed, because they cannot be legally enforceable, as they are in contravention of the supreme law of the land and thus tyrannical. It’s our duty to disobey them.

By the way, show me where Congress is permitted to stick its collective nose into Foreign Policy. . . especially the House of Representatives. The President is given the power to appoint ambassadors with the advice/consent of the Senate, and to receive ambassadors from foreign countries, the House can cut off funding in a budget, but that’s it. Two hundred plus years of interpretation of that section of the Constitution, tradition, common law, and statutory law, has stated the President is empowered with Foreign Affairs, not Congress.

Where does it say that an annual budgetary foreign aid appropriation statute which requires budgeted funds be expended before a statutory September 30th end of the fiscal year or go unborrowed, somehow trumps the president’s constitutional control of foreign policy?

This is just more stuck pigs howling because they’ve been stuck. The deep state swine are fearful they’re going to be turned into bacon. You should be familiar with it, you seem to squeal a lot on here.

159 posted on 01/16/2020 11:31:23 PM PST by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot!)
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To: Swordmaker
Laws that are passed which are unconstitutional should not be obeyed, because they cannot be legally enforceable, as they are in contravention of the supreme law of the land and thus tyrannical. It’s our duty to disobey them.

Get them declared unconstitutional by SCOTUS and I'll be there on the barricades with you.

Two hundred plus years of interpretation of that section of the Constitution, tradition, common law, and statutory law, has stated the President is empowered with Foreign Affairs, not Congress.

Fine with me provided he doesn't spend my tax dollars without authorization or refuse to spend money that my representatives have decided should be spent.

Where does it say that an annual budgetary foreign aid appropriation statute which requires budgeted funds be expended before a statutory September 30th end of the fiscal year or go unborrowed, somehow trumps the president’s constitutional control of foreign policy?

Well, the annual budget resolution is just that, a concurrent resolution passed by Congress but not signed by the President and not made law. This resolution outlines intent, and you're right that it doesn't obligate the spending of funds.

The Defense Appropriations Act, on the other hand, is statutory, signed by Trump and has the force of law.

Now Congress realized that even though they appropriated money a President may choose not to spend it, which they deemed to be unconstitutional. To protect against this they passed, and Nixon signed into law, the Impoundment Control Act. It obligates the spending of the money unless the President comes back to Congress and requests a rescission, which he didn't in this case. The President can also temporarily defer the spending in a couple of very specific instances, neither of which come into play here.

The premise is the President is obligated by the Constitution to faithfully execute the law as passed by Congress, and as the GAO said

"...unless Congress has enacted a law providing otherwise, the President must take care to ensure that appropriations are prudently obligated during their period of availability".

As I said before, the President can determine foreign policy but Congress controls whether money is spent - or not.

160 posted on 01/17/2020 8:42:22 AM PST by semimojo
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