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The President is NOT ALLOWED to defer or withhold congressionally allocated funds, without SPECIAL NOTIFICATIONS to congress as to why, how, for what etc etc etc...
Two career people in OMB, quit after Trumps personal appointee (Duffey) overreached his role and singed of on it... these two people in OMB was constantly arguing for over a week that this might be illegal and wanted Legal to look into it.. Trumps appointee signed it and stopped the Military Aid to Ukraine 90min after Trump talked to Zelensky.
The Person signing of on withholding funds, Michael Duffey wrote in an email to DOD:
“Given the sensitive nature of the request, I appreciate your keeping that information closely held to those who need to know to execute the direction.”
So.. They wanted people to keep quiet, because they did not want Congress to know about funds being withhold.
The Congressional Budget and Impoundment Control Act of 1974 (ICA) reasserted Congress’ power of the purse. Specifically, Title X of the Act – “Impoundment Control” – established procedures to prevent the President and other government officials from unilaterally substituting their own funding decisions for those of the Congress. The Act also created the House and Senate Budget Committees and the Congressional Budget Office.
Congress passed the ICA in response to President Nixon’s executive overreach – his Administration refused to release Congressionally appropriated funds for certain programs he opposed. While the U.S. Constitution broadly grants Congress the power of the purse, the President – through the White House Office of Management and Budget (OMB) and executive agencies – is responsible for the actual spending of funds. The ICA created a process the President must follow if he or she seeks to delay or cancel funding that Congress has provided.
An “impoundment” is any action – or inaction – by an officer or employee of the federal government that precludes federal funds from being obligated[1] or spent, either temporarily or permanently.
The ICA lays out procedures the President must follow to reduce, delay, or eliminate funding in an account. The Act divides impoundments into two categories: rescissions and deferrals.
Rescissions
Put simply, if the President wants to spend less money than Congress provided for a particular purpose, he or she must first secure a law providing Congressional approval to rescind the funding in question. The ICA requires that the President send a special message to Congress identifying the amount of the proposed rescission; the reasons for it; and the budgetary, economic, and programmatic effects of the rescission. Upon transmission of such special message, the President may withhold certain funding in the affected accounts for up to 45 legislative session days. If a law approving the rescission is not enacted within the 45 days, any withheld funds must be made available for obligation.
A 2018 Government Accountability Office legal opinion holds that if the President proposes a rescission, he or she must make the affected funds available to be prudently obligated before the funds expire, even if the 45-day clock is still running. This means, for example, that the President cannot strategically time a rescission request for late in the fiscal year and withhold the funding until it expires, thus achieving a rescission without Congressional approval.
Deferrals
The ICA defines a “deferral” as withholding, delaying, or – through other Executive action or inaction – effectively precluding funding from being obligated or spent. The ICA prescribes three narrow circumstances in which the President may propose to defer funding for a program: (1) providing for contingencies; (2) achieving budgetary savings made possible through improved operational efficiency; and (3) as specifically provided by law.
The ICA requires that the President send a special message to Congress identifying the amount of the proposed deferral; the reasons for it; and the period of the proposed deferral. Upon transmission of such special message, the funds may be deferred without further action by Congress; however, the deferral cannot extend beyond the end of the fiscal year in which the special message is sent. The ICA language on deferrals is long-standing budget law that allows the Executive branch to delay the obligation or expenditure of funding only for the specified reasons rather than policy reasons.
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They should really add this one to to the articles of impeachments... as its absolutely shows intent to mislead Congress (and maybe break the law).
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"This time we'll get him."
Yawn
Obama broke many more laws than Trump. Many, many more.
He only released the aid after he got wind that he was being investigated.
Says the conspiracy theory on thought crime, but the fact is that aid was delivered 19 days prior to the deadline. What he "was gonna do until he got busted" is pure fiction categorized under the heading "Things We'll Never Know and Cannot Prove."
If the Left had anything real on Trump, they would have used it. Sorry, some snippet of whatever doesn’t make it real. And I bet every single president in the last 50-60 years has done the same thing.
The Left needs to be very careful cuz you’re laying a minefield, which can and will be used against a Democrat president in the future.
Well I'm glad to see people have something rewarding to do on Christmas Eve: Carrying water for their great Narcissist Con Man in Chief. Pathetic.
Different from your Christmas Eve spent arguing the same fictional TDS talking points, how exactly?
If you are going to insult people for discussing political topics on a political forum on Christmas Eve, you may want to not be doing so on that political forum, in that political discussion, on Christmas Eve? Know what I mean?
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