Govt watchdog says White House violated law by withholding Ukraine aid

Discussion in 'Law & Justice' started by Egoboy, Jan 16, 2020.

  1. Nemesis

    Nemesis Well-Known Member

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    He was impeached, and rightfully so.

    With a boatload of consistent testimony and documentary evidence, and the scofflaw still obstructed the inquiry!

    Obstructing an inquiry and sobbing over a "lack of evidence" that you caused (which still resulted in overwhelming evidence) means that he's got seriously unclean hands.
     
  2. NMNeil

    NMNeil Well-Known Member

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    Could you elaborate on the 'proof' that's being presented?
    All I have read about is "he said, she said", nothing tangible like recordings or documents with the Presidents signature.
    In the meantime I will attempt to locate the other volumes.
     
  3. Bluesguy

    Bluesguy Well-Known Member Donor

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    I disagree with the premise of your question, OMB says the law was not broken. Why is CBO suddenly saying it was when it wasn't. Why didn't the Democrats list it in the articles of impeachment?
     
  4. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Zero evidence = Rightful.

    Good reason not to vote for democrats.
     
  5. MrTLegal

    MrTLegal Well-Known Member

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    You do not get to reject the premise. The OMB gave you an explanation for why they said the Trump administration violated the law. Read it or answer it based on your own explanation, if you'd like.

    Why do you think Trump's administration is accused of breaking the law? What did they do wrong.
     
  6. MrTLegal

    MrTLegal Well-Known Member

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    Trump has ordered all current and former employees to not hand over any documents.
     
  7. Nemesis

    Nemesis Well-Known Member

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    The best reason not to vote for a party? The dumbing down of the electorate to such a degree that they accept a "presuhdint" who has willfully abused the office dozens of times.
     
  8. Nemesis

    Nemesis Well-Known Member

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    Read the transcripts.
     
  9. NMNeil

    NMNeil Well-Known Member

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  10. Bluesguy

    Bluesguy Well-Known Member Donor

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    I didn't inject the premise you did, I don't accept YOUR premise, OMB said the regulation was not violated. Why did CBO do it, go ask them the time for them to have done it was months ago.

    As I have already stated

    A former Member of Congress argues via email:

    The opinion is not what section 686 requires. This brief statutory section mandates that GAO report on a deferral of budget authority that the president has failed to notify Congress about. The purpose of this mandate on GAO is to let Congress know in a timely way, so that Congress can do something about the withholding of funds (i.e., make sure that they are spent as required by law).

    In order for this statutory provision to do any good, GAO needs to let Congress know within weeks, not months or years. Appropriations are annual. The fiscal year ends September 30. The Impoundment Control Act gives Congress 45 days after notification to veto a deferral.Under section 686 GAO “shall” make a report on the deferral to both Houses of Congress. The GAO report then operates as if it were the required notification from the President. That gives Congress 45 days to act (or, if the notice comes with less than 45 days remaining in the fiscal year, until September 30).Here, by not acting until the fourth month of the following fiscal year, GAO failed to do what section 686 requires.
    https://www.wsj.com/articles/what-d...ey-know-it-11579297177?mod=opinion_lead_pos10

    And as noted here

    ...
    At the urging of Sen. Chris Van Hollen (D., Maryland), GAO now says that Trump administration delays in sending aid to Ukraine were illegal. For people who aren’t students of the Washington bureaucracy, it should be noted that few people consider GAO the authoritative word on legal issues. The Justice Department and ultimately of course the federal courts make the big calls.

    In a new letter GAO’s general counsel argues that even though the Trump administration made aid for Ukraine available last September 12—before the Sept. 30 deadline for obligating funds—it still should have happened earlier. It’s not entirely clear which date would have made GAO happy but in the agency’s view the White House did not have an unavoidable “programmatic delay” which prevented funds from going to Ukraine.

    Just for the sake of argument, let’s assume that GAO is correct now. Wouldn’t the logic of this decision also apply to Vice President Joe Biden’s famous withholding of Ukraine aid until the local prosecutor investigating his son’s company was fired?
    https://www.wsj.com/articles/trump-...from-the-swamp-11579208698?mod=article_inline

    The above article goes on to note several other such GAO findings that money was not spent or appropriated properly, as the law requires, and no impeachments or people going to jail.
     
  11. stone6

    stone6 Well-Known Member Past Donor

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    Biden threatened to withhold aid. He never did. The ICA requires the President notify Congress upon HIS INTENT OF WITHHOLDING OF AID. Read the Act. If the Ukraine had refused to respond to Biden's threat, he would have had to requested Obama inform Congress of the administration's intent to withhold aid and followed the ICA process.
     
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  12. MrTLegal

    MrTLegal Well-Known Member

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    You are dodging. Why do you think Trump's administration is accused of breaking the law here? What did they do wrong?
     
  13. Bluesguy

    Bluesguy Well-Known Member Donor

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    Go ask GAO I disagree with their findings, why they did it go ask them. I cited what they did wrong try addressing it.
     
  14. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Now dozens of times? Succumb to hysteria much?
     
  15. Bluesguy

    Bluesguy Well-Known Member Donor

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    The aid to Ukraine was released before the end of the fiscal year when it was required and Ukraine was never threatened with it. Read three messages up.
     
    Last edited: Jan 21, 2020
  16. stone6

    stone6 Well-Known Member Past Donor

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    You are confusing the deadline associated with spending appropriations in the year they were appropriated (unless otherwise stated in the law). If not spent, Congress must reapportion the funds. The ICA requires the President notify Congress upon his INTENT to withhold funds. Again, read the Act. It reads that he must inform Congress of his PROPOSED withholding of funds. He didn't. He waited, I believe 55 days, without any formal Congressional notification and released the funds only AFTER Congress began inquiries. He broke the law.
     
  17. Bluesguy

    Bluesguy Well-Known Member Donor

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    "In a new letter GAO’s general counsel argues that even though the Trump administration made aid for Ukraine available last September 12—before the Sept. 30 deadline for obligating funds—it still should have happened earlier. It’s not entirely clear which date would have made GAO happy....."
     
  18. Nemesis

    Nemesis Well-Known Member

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    No. I read the Mueller Report. You know, the report that I keep telling you to read?
     
  19. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    LOL, Mueller, Mueller, Mueller. You are driving on a flat tire.
     
  20. stone6

    stone6 Well-Known Member Past Donor

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    You keep going back to the fiscal year deadline, which has nothing to do with the ICA. There is no specific date in the ICA. It says the President must inform Congress of his proposed withholding of funds. It gives Congress 45 days to RESPOND to the President's notice. But that doesn't apply, because he never gave Congress notice in the first place.
     
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  21. Nemesis

    Nemesis Well-Known Member

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    Why don't you read the report instead of guessing?

    https://www.gao.gov/assets/710/703909.pdf

    "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law. In fact, Congress was concerned about exactly these types of withholdings when it enacted and later amended the ICA. SeeH.R. Rep. No. 100-313, at 66–67 (1987); see also S. Rep. No. 93-688, at 75 (1974) (explaining that the objective was to assure that “the practice of reserving funds does not become a vehicle for furthering Administration policies and priorities at the expense of those decided by Congress”).OMB asserts that its actions are not subject to the ICA because they constitute a programmatic delay. OMB Response, at 7, 9. It argues that a “policy development process is a fundamental part of program implementation,” so its impoundment of funds for the sake of a policy process is programmatic. Id., at 7. OMB further argues that because reviews for compliance with statutory conditions and congressional mandates are considered programmatic, so too should be reviews undertaken to ensure compliance with presidential policy prerogatives.Id., at 9. OMB’s assertions have no basis in law. We recognize that, even where the President does not transmit a special message pursuant to the procedures established by the ICA, it is possible that a delay in obligation may not constitute a reportable impoundment. See B-329092, Dec. 12, 2017; B-222215, Mar. 28, 1986.However, programmatic delays occur when an agency is taking necessary steps to implement a program, but because of factors external to the program, funds temporarily go unobligated. B-329739, Dec. 19, 2018; B-291241, Oct. 8, 2002; B-241514.5, May 7, 1991. This presumes, of course, that the agency is making reasonable efforts to obligate. B-241514.5, May 7, 1991. Here, there was no external factor causing an unavoidable delay. Rather, OMB on its own volition explicitly barred DOD from obligating amounts."
     
  22. Kal'Stang

    Kal'Stang Well-Known Member

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    If you're not going to bother then why post at all?
     
  23. Nemesis

    Nemesis Well-Known Member

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    No. You screaming about a tire that you've never seen, which is a fully functional tire, and telling me something about that's not true fails as an "argument" every time.
     
  24. MrTLegal

    MrTLegal Well-Known Member

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    You are dodging. Why do you think Trump's administration is accused of breaking the law here? What did they do wrong?
     
  25. Wrathful_Buddha

    Wrathful_Buddha Well-Known Member

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    People who hate Trump say that because they want it to be true.
     

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