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There are two relevant budgetary statutes that are implicated by Trump withholding military aid for Ukraine: apportionment authority and the Impoundment Control Act (ICA). Both laws are intended to restrict the executive branch from undermining Congress’s “power of the purse” under the Constitution.
The Ukraine funding was held up through use of OMB’s apportionment authority. Apportionments are legally binding documents utilized by OMB to ensure agencies spend money effectively and efficiently during the fiscal year. Agencies are prohibited from spending in excess of an apportionment. Under longstanding guidance, apportionments are approved by OMB career officials.
Apportionments cannot change policy decisions reflected in statute; the Government Accountability Office has made clear that “the apportionment process cannot alter or otherwise affect the operation of statutory requirements concerning the availability or use of appropriated funds.”
In addition, any delay of funding potentially implicates the Impoundment Control Act (ICA). Passed in the wake of President Richard Nixon’s refusal to spend lawfully appropriated funding, the ICA restricts the circumstances in which a president can defer spending funds. The ICA’s definition of a “deferral” is broad:
“deferral of budget authority” includes—
(A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or
(B) any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;
Under the ICA, a deferral is only allowable in a few limited circumstances:
Deferrals shall be permissible only—
(1) to provide for contingencies;
(2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any budget authority for any other purpose.
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
On a side note, Trump is not a sovereign, but US national interest was in supporting Ukraine in their war with Russia.
Trump withholding congressionally approved funds to Ukrain that was meant to aid in it defense to pressure a foreign governments president to aid his political campaign by publicly announcing investigations into a political rival was against the best interest of the US. And as such can be and should be deemed as treason.
originally posted by: neo96
For those forgetting or just flat out ignoring.
Sets foreign policy.
A House in Congress DOES NOT.
originally posted by: Sillyolme
Lays out a plot with Rudy Giuliani and Donald J Trump at the center.
But I guess I should still expect this senate to acquit and totally blow the oath they took to uphold the constitution.
They are accessories after the fact in a plot to exploit a foreign leader to manufacture and disburse dirt on his political rival.
originally posted by: neo96
a reply to: Grimpachi
You don't consider seizing phone records, leaks of national security matters, and D secret meetings, and refusing Republicans full participation in the Schiff show to be treason ?
Ok what should it be called ?
And I'll never shut up.