The President briefly held up funds to Ukraine while probing accounts of corruption. In fact, the administration released military aid to Ukraine three weeks early.
Certainly not coincidentally, the GAO issued a report in time to toss it into the impeachment debate, falsely claiming that the president’s several week holdup of aid to Ukraine violated the Impoundment Control Act. It did not violate that Act. The GAO report was a partisan ploy and if the report’s findings were factual, it would violate the Constitution by circumscribing the authority of the chief executive.
The GAO is not nonpartisan, it is “a creature of Congress…”
In any event, the GAO is not the finder of fact in impeachment. If it were, Obama should have been impeached seven times in which the GAO found the Obama administration had violated federal law.
Any ruling that the President has no right to withhold Ukraine Funds (as GAO falsely claims) would, in any event, violate the Constitution.
Certainly not coincidentally, the GAO issued a report in time to toss it into the impeachment debate, falsely claiming that the president’s several week holdup of aid to Ukraine violated the Impoundment Control Act. It did not violate that Act. The GAO report was a partisan ploy and if the report’s findings were factual, it would violate the Constitution by circumscribing the authority of the chief executive.
The GAO is not nonpartisan, it is “a creature of Congress…”
“whose bureaucrats are represented by the International Federation of Professional and Technical Engineers whose PAC in 2016 gave 100% of its donations to Democrats... its opinion was rendered at the request of Sen. Chris Van Hollen (D., Md.)..."
The relevant section of the law is section 686 which requires GAO report on a deferral of budget authority about which the president has failed to notify Congress. GAO must do this within weeks because the section is designed to give Congress timely information. Congress then has 45 days after notification to veto the deferral. The GAO failed to do what the law requires.
In any event, the GAO is not the finder of fact in impeachment. If it were, Obama should have been impeached seven times in which the GAO found the Obama administration had violated federal law.
Any ruling that the President has no right to withhold Ukraine Funds (as GAO falsely claims) would, in any event, violate the Constitution.
- 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.