Posted on 01/18/2020 12:05:58 PM PST by bitt
The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.
Even if the GAO were correct in its legal conclusion — which it is not — the alleged violation would be neither a crime nor an impeachable offense. It would be a civil violation subject to a civil remedy, as were the numerous violations alleged by the GAO with regard to other presidents.
If Congress and its GAO truly believe that President Trump violated the law, let them go to court and seek the civil remedy provided by the law.
U.S. Government Accountability Office (GAO) has gotten the constitutional law exactly backwards. It said that the "faithful execution of the law" — the Impoundment Control Act—"does not permit the president to substitute his own policy priorities for those congress has enacted into law ." Yes, it does — when it comes to foreign policy. The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.
Consider the following hypothetical situation: Congress allocates funds to Cuba (or Iran or Venezuela). The president says that is inconsistent with his foreign policy and refuses to release the funds. Surely the president would be within his constitutional authority. Or consider the actual situation that former President Barack
(Excerpt) Read more at gatestoneinstitute.org ...
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Thank you, Dershowitz.
Thank you, Dershowitz.
There is no crime here. Period.
He’s on the President’s defense team. The Dersh who is that rare combination of intellect, Democrat and patriot.
We’re blessed to have him.
But if Trump was wrong, doesn’t that mean Biden was wrong? How does the left reconcile that glaring contradiction?
There is a deep state stench rising from the GAO. How mqany there are obamaroid appointments?
I haven’t seen it addressed that Trump released the funds within the fiscal year Congress required him to release it.
So he obeyed the law.
Maybe I missed some fine point.
President Trump continues to smoke out Deep State strongholds.
President Trump’s amazing ability to expose bureaucratic vermin continues.
https://en.wikipedia.org
/wiki/Government_Accountability_Office In their role as providing reports to Congressional Committees they often shade the facts for the partisan benefit of the Committee that requests their analysis. It is the very essence of the Deep State
Did Biden have the right to withhold aid until the prosecutor was fired?
Alan Dershowitz is an honest liberal.
Noteworthy because it is so rare.
So who will chime in next, the Department of Agriculture?
It’s against the law for the President to have two scoops of ice cream for dessert maybe.
Not if the meeia repeatedly sais its not
Nope, it would be department of transportation for delaying Ukraine leaders White House visit. /S
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