Renewable Revolution

October 17, 2019/151 Comments/in 2016 Presidential Election, 2020 Presidential Election,

emptywheel, Impeachment /by emptywheel

SNIPPET:

As noted by Mulvaney today, a law passed in the wake of Richard Nixon playing games with appropriations requires that if you withhold duly appropriated funds, you explain to Congress why you’re doing so, a decision that Congress then gets to veto simply by refusing to approve of the decision. The law makes it clear that the President can’t simply ignore the will of Congress on appropriations.

And yet, that’s what Trump did for the entirety of the summer.

Worse, in his press conference today, Mulvaney admitted that Trump didn’t have a “really really good reason not to” release the funds. Rather, he had a really bad reason: he was trying to extort a quid pro quo.

And that’s why the decision — reported in ho hum fashion on Tuesday as if it were just another case of the Administration refusing Congressional subpoenas — that OMB and DOD would not respond to subpoenas is actually really important.

The subpoena to those agencies lays out some of the evidence that Trump withheld the funds after DOD cleared them. Then it lays out the evidence that Trump was defying bipartisan Congressional will in doing so.

Full article: 


Agelbert NOTE: Excellent comment by Rugger9. 👍

Rugger9 says:
October 17, 2019 at 4:53 pm
Add it to the impeachment list of laws not faithfully executed. Then file a case to get a writ of mandamus to direct the Palace to comply. Even if it fails due to hackery, that will make it easier to impeach and remove those judges later.

Like many of the other issues (i.e. the tax records), it is unambiguous black-letter law and so “interpretation” would be limited.