GAO rules Trump broke the law

[berg80]

A major defense point made by the Trump echo chamber has been to claim no codified law was broken. That defense talking point no longer has any weight or viability.

Pelosi's strategy for delaying the delivery of the impeachment articles has paid off for Democrats. It gave time for witnesses, possible defendants and their legal advisors to evaluate their options causing new evidence to be released.

Bingo.

Article I

Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation.

President Trump engaged in this scheme or course of conduct through the following means:

(1) President Trump — acting both directly and through his agents within and outside the United States Government — corruptly solicited the Government of Ukraine to publicly announce investigations into —

(A) a political opponent, former Vice President Joseph R. Biden, Jr.; and

(B) a discredited theory promoted by Russia alleging that Ukraine — rather than Russia — interfered in the 2016 United States Presidential election.

(2) With the same corrupt motives, President Trump — acting both directly and through his agents
.........................................................................................................................

All the Trumper arguments are falling apart one by one.

 

[easyt65]

Since when does the GAO offer anything but accounting figures and tabulations of values?

"were also forced to reverse a legally faulty opinion when they opposed the reimbursement of federal employee travel costs."
-- From the OMB, see link and info above.

 

[martybegan]

A major defense point made by the Trump echo chamber has been to claim no codified law was broken. That defense talking point no longer has any weight or viability.

Pelosi's strategy for delaying the delivery of the impeachment articles has paid off for Democrats. It gave time for witnesses, possible defendants and their legal advisors to evaluate their options causing new evidence to be released.

Bingo.

Article I

Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation.

President Trump engaged in this scheme or course of conduct through the following means:

(1) President Trump — acting both directly and through his agents within and outside the United States Government — corruptly solicited the Government of Ukraine to publicly announce investigations into —

(A) a political opponent, former Vice President Joseph R. Biden, Jr.; and

(B) a discredited theory promoted by Russia alleging that Ukraine — rather than Russia — interfered in the 2016 United States Presidential election.

(2) With the same corrupt motives, President Trump — acting both directly and through his agents
.........................................................................................................................

All the Trumper arguments are falling apart one by one.

Copy and pasting it doesn't make it more than a political smear job.

 

[easyt65]

A major defense point made by the Trump echo chamber has been to claim no codified law was broken. That defense talking point no longer has any weight or viability.

Pelosi's strategy for delaying the delivery of the impeachment articles has paid off for Democrats. It gave time for witnesses, possible defendants and their legal advisors to evaluate their options causing new evidence to be released.

Bingo.

Article I

Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation.

President Trump engaged in this scheme or course of conduct through the following means:

(1) President Trump — acting both directly and through his agents within and outside the United States Government — corruptly solicited the Government of Ukraine to publicly announce investigations into —

(A) a political opponent, former Vice President Joseph R. Biden, Jr.; and

(B) a discredited theory promoted by Russia alleging that Ukraine — rather than Russia — interfered in the 2016 United States Presidential election.

(2) With the same corrupt motives, President Trump — acting both directly and through his agents
.........................................................................................................................

All the Trumper arguments are falling apart one by one.

(Yawn)...good for you. This does nothing to prove that the GAO's OPINION, countered by the OMB's, is anything more than OPINION...and when you use terms like 'scheme' you display your bias. The House Democrats completely FAILED to present any crime, evidence, or witness before it voted to Impeach the President.

 

[Billy_Kinetta]

Gov’t Watchdog Office: OMB Broke Law With Trump-Ordered Ukraine Aid Freeze
Gov't Watchdog Office: OMB Broke Law With Trump-Ordered Ukraine Aid Freeze

The U.S. Government Accountability Office, a government watchdog agency that advises Congress, concluded Thursday that the hold President Trump ordered his Office of Management and Budget to place on Ukraine military assistance violated the law.

“Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law,” a GAO opinion said. “OMB withheld funds for a policy reason, which is not permitted under the Impoundment Control Act (ICA). The withholding was not a programmatic delay. Therefore, we conclude that OMB violated the ICA.”

The opinion outlined the reasons holds can be legally placed on congressionally authorized funding, and said the rational given for freezing the Ukraine aid did not fit within those reasons.

“The burden to justify a withholding of budget authority rests with the executive branch. Here, OMB has failed to meet this burden. We conclude that OMB violated the ICA when it withheld USAI funds for a policy reason,” the GAO said.
....................................................................................................................
So much for the Trumper assertion Trump broke no laws.

The President has full constitutional authority to delay or cease aid in a case of suspected corruption on the part of the receiving government.

You say that as if it were true. He can only delay aid after explaining the reasons to Congress.

 

[Thunk]

1 - Trump gave ukraine the money before the deadline.

2 - Since when does the GAO accuse anybody of breaking the law?

What's next? Is the better business bureau going to audit his taxes? Maybe the board of education will challenge the A+ he got in 3rd grade?

 

[MarathonMike]

A ruling from a government agency..........which would have been celebrated by Trumpette's had it gone the other way.........displays the importance of Trump having laid the groundwork for the Trumpette response. Anything like this gets labeled as coming from the non-existent "Deep State." Just as factual revelations of Trump's incompetence and corruption get dismissed as coming from the "fake news" media.

The construct he has created is very clever in its deceit. It allows any and all criticism of Trump to be neatly set aside as having no credibility..............when the opposite is true.

It's a political ploy and you know it. The GAO has ignored obviously corrupt ACTIONS by previous administrations but now they weigh in on this manufactured farce by the Democrats.

 

[berg80]

A major defense point made by the Trump echo chamber has been to claim no codified law was broken. That defense talking point no longer has any weight or viability.

Pelosi's strategy for delaying the delivery of the impeachment articles has paid off for Democrats. It gave time for witnesses, possible defendants and their legal advisors to evaluate their options causing new evidence to be released.

Bingo.

Article I

Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation.

President Trump engaged in this scheme or course of conduct through the following means:

(1) President Trump — acting both directly and through his agents within and outside the United States Government — corruptly solicited the Government of Ukraine to publicly announce investigations into —

(A) a political opponent, former Vice President Joseph R. Biden, Jr.; and

(B) a discredited theory promoted by Russia alleging that Ukraine — rather than Russia — interfered in the 2016 United States Presidential election.

(2) With the same corrupt motives, President Trump — acting both directly and through his agents
.........................................................................................................................

All the Trumper arguments are falling apart one by one.

(Yawn)...good for you. This does nothing to prove that the GAO's OPINION, countered by the OMB's, is anything more than OPINION...and when you use terms like 'scheme' you display your bias. The House Democrats completely FAILED to present any crime, evidence, or witness before it voted to Impeach the President.

Of course it's there opinion you idiot, an opinion based on the law. Just like SC rulings are opinion based on the law.

You folks are twisting yourselves in knots defending Duplicitous Don and one by one the excuses are getting crushed.

The Constitution specifically vests Congress with the power of the purse, providing that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” U.S. Const. art. I, § 9, cl. 7. The Constitution also vests all legislative powers in Congress and sets forth the procedures of bicameralism and presentment, through which the President may accept or veto a bill passed by both Houses of Congress, and Congress may subsequently override a presidential veto. Id., art. I, § 7, cl. 2, 3. The President is not vested with the power to ignore or amend any such duly enacted law. See Clinton v. City of New York, 524 U.S. 417, 438 (1998) (the Constitution does not authorize the President “to enact, to amend, or to repeal statutes”). Instead, he must “faithfully execute” the law as Congress enacts it. U.S. Const., art. II, § 3. An appropriations act is a law like any other; therefore, 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. See B-329092, Dec. 12, 2017 (the ICA operates on the premise that the President is required to obligate funds appropriated by Congress, unless otherwise authorized to withhold). In fact, Congress was concerned about the failure to prudently obligate according to its Congressional prerogatives when it enacted and later amended the ICA. See generally, H.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”). The Constitution grants the President no unilateral authority to withhold funds from obligation. See B-135564, July 26, 1973. Instead, Congress has vested the President with strictly circumscribed authority to impound, or withhold, budget authority only in limited circumstances as expressly provided in the ICA. See 2 U.S.C. §§ 681–688. The ICA separates impoundments into two exclusive categories—deferrals and rescissions. The President may temporarily withhold funds from obligation—but not beyond the end of the fiscal year in which the President transmits the special message—by proposing a “deferral.”4 2 U.S.C. § 684. The President may also seek the permanent cancellation of funds for fiscal policy or other reasons, including the termination of programs for which Congress has provided budget authority, by proposing a “rescission.”5 2 U.S.C. § 683.

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

 

[Billy_Kinetta]

Gov’t Watchdog Office: OMB Broke Law With Trump-Ordered Ukraine Aid Freeze
Gov't Watchdog Office: OMB Broke Law With Trump-Ordered Ukraine Aid Freeze

The U.S. Government Accountability Office, a government watchdog agency that advises Congress, concluded Thursday that the hold President Trump ordered his Office of Management and Budget to place on Ukraine military assistance violated the law.

“Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law,” a GAO opinion said. “OMB withheld funds for a policy reason, which is not permitted under the Impoundment Control Act (ICA). The withholding was not a programmatic delay. Therefore, we conclude that OMB violated the ICA.”

The opinion outlined the reasons holds can be legally placed on congressionally authorized funding, and said the rational given for freezing the Ukraine aid did not fit within those reasons.

“The burden to justify a withholding of budget authority rests with the executive branch. Here, OMB has failed to meet this burden. We conclude that OMB violated the ICA when it withheld USAI funds for a policy reason,” the GAO said.
....................................................................................................................
So much for the Trumper assertion Trump broke no laws.

The President has full constitutional authority to delay or cease aid in a case of suspected corruption on the part of the receiving government.

Where does the constitution say that?

Congress is notified if the administration intends to rescind, defer, reprogram or transfer funding, but in this case none of those things occurred.

Under 2 U.S.C. Section 684 or 2 U.S.C. Section 683, the President has the power to propose deferring funds on a temporary basis or rescinding them altogether, subject to Congressional approval.

It is no different from withholding aid if the foreign government does not co-operate with the investigation of a drug cartel with US ties.

 

[easyt65]

Of course it's there opinion you idiot, an opinion based on the law. Just like SC rulings are opinion based on the law.

NO, lil' snowflake, OPINION is NOT based on the law.

The OMB showed you that when they reminded people how in the past the GAO's had to reverse quite a few of their decisions made based on their OPINIONS.

 

[BluesLegend]

So Biden broke the law threatening to withhold $1 billion in aid

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

 

[MarathonMike]

So being president is now illegal?....its up to the commander and chief to determine if our tax dollars we send to other nations will be used in a non corrupt fashion....OMB?...don't make us laugh...no one votes for the OMB....

Seriously, the GAO has been looking the other way on waste fraud and abuse for decades and now on the eve of the Senate trial for removal of President Trump they leap into action. Things that make you go hmmmmm

 

[Harry Dresden]

A ruling from a government agency..........which would have been celebrated by Trumpette's had it gone the other way.........displays the importance of Trump having laid the groundwork for the Trumpette response. Anything like this gets labeled as coming from the non-existent "Deep State." Just as factual revelations of Trump's incompetence and corruption get dismissed as coming from the "fake news" media.

The construct he has created is very clever in its deceit. It allows any and all criticism of Trump to be neatly set aside as having no credibility..............when the opposite is true.

rulings by a govt agency usually means someone is getting fucked...i know, i seen this many a time in the 33 years i put in at the post office.....

 

[colfax_m]

So Biden broke the law threatening to withhold $1 billion in aid

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

You think it’s against the law to threaten to withhold aid?

 

[BluesLegend]

So Biden broke the law threatening to withhold $1 billion in aid

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

You think it’s against the law to threaten to withhold aid?

According to you people only if a Republican does it, perfectly fine for a Democrat to do this.

 

[colfax_m]

So Biden broke the law threatening to withhold $1 billion in aid

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

You think it’s against the law to threaten to withhold aid?

According to you people only if a Republican does it, perfectly fine for a Democrat to do this.

Trump did more than threaten to withhold aid.

 

[BluesLegend]

So Biden broke the law threatening to withhold $1 billion in aid

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

You think it’s against the law to threaten to withhold aid?

According to you people only if a Republican does it, perfectly fine for a Democrat to do this.

Trump did more than threaten to withhold aid.

Meh, the old Dem double standard we get it.

 

[colfax_m]

That's a lie not supported by the facts.

Biden bragged about it on video fool here this is for you

You think it’s against the law to threaten to withhold aid?

According to you people only if a Republican does it, perfectly fine for a Democrat to do this.

Trump did more than threaten to withhold aid.

Meh, the old Dem double standard we get it.

No. You're just not paying attention.

One person threatened to withhold aid.

One person actually did withhold aid.

 

[berg80]

So being president is now illegal?....its up to the commander and chief to determine if our tax dollars we send to other nations will be used in a non corrupt fashion....OMB?...don't make us laugh...no one votes for the OMB....

Seriously, the GAO has been looking the other way on waste fraud and abuse for decades and now on the eve of the Senate trial for removal of President Trump they leap into action. Things that make you go hmmmmm

They were asked for a ruling by Sen. Van Hollen months ago.

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. See H.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.
Furthermore, at the time OMB issued the first apportionment footnote withholding the USAI funds, DOD had already produced a plan for expending the funds. See DOD Certification, at 4–14. DOD had decided on the items it planned to purchase and had provided this information to Congress on May 23, 2019. Id. Program execution was therefore well underway when OMB issued the apportionment footnotes. As a result, we cannot accept OMB’s assertion that its actions are programmatic.
The burden to justify a withholding of budget authority rests with the executive branch. Here, OMB has failed to meet this burden. We conclude that OMB violated the ICA when it withheld USAI funds for a policy reason.

 

[Billiejeens]

A ruling from a government agency..........which would have been celebrated by Trumpette's had it gone the other way.........displays the importance of Trump having laid the groundwork for the Trumpette response. Anything like this gets labeled as coming from the non-existent "Deep State." Just as factual revelations of Trump's incompetence and corruption get dismissed as coming from the "fake news" media.

The construct he has created is very clever in its deceit. It allows any and all criticism of Trump to be neatly set aside as having no credibility..............when the opposite is true.

rulings by a govt agency usually means someone is getting fucked...i know, i seen this many a time in the 33 years i put in at the post office.....

The Post Office.
Oh My Gawd.