[Published
on Newsmax]
The
anti-Trump chorus is breathlessly declaring the January 16, Government
Accountability Office (GAO) report asserts “Trump broke the law” regarding
Ukraine aid.
That
is not what the report states and that is not what happened.
The
GAO serves a vital oversight function for the Federal Government. Annually, GAO reports on waste, fraud, and
mismanagement identify billions of dollars in potential savings. The Agency
studiously avoids politics by outlining procedural and legal compliance issues.
GAO
Report B-331564 is different, as it is incomplete on facts while overstating the
Trump Administration’s noncompliance with a controversial law.
The
report never admits that the Ukraine Aid in question was, in fact, released on
September 11, prior to the deadline of September 30, 2019.
This
omission is fundamental to the entire Ukraine matter and undermines GAO’s
credibility.
The GAO
report centers on the Impoundment Control Act (ICA). This was passed as part of
Congress reining-in President Richard Nixon.
Nixon had impounded funds for many programs and agencies to counter
Congressional spending sprees. His
actions continued a long-standing practice, going back to Thomas Jefferson, of
Presidents exercising fiscal discipline to thwart Congressional overspending.
The
Congress took advantage of Nixon’s ebbing power by pushing through the ICA and
other legislation to open the spending flood gates. Discretionary spending has ballooned out of
control ever since.
Presidents,
Republican and Democrat, have attempted to restore the balance in budgeting and
spending policy. The GAO’s Ukraine
report cites numerous court cases where Clinton and other Presidents have
sought court assistance to set limits and clarify processes.
All
funds were released prior to the Congressional deadline. The delay in releasing Ukraine funds never crossed
these legal lines.
In
fact, the delays fully complied with the law authorizing the funds (PL 115-232),
as it explicitly stated that, “In order to obligate more than fifty percent of
the amount appropriated, DOD was also required to certify to Congress that
Ukraine had taken ‘substantial actions’ on defense institutional reforms’”.
The
Office of Management and Budget (OMB) issued numerous “apportionment schedules”
with footnotes explaining the delay in releasing the funds was to “allow for an
interagency process to determine best use of such funds”. Each memo consistently stated that, “this
brief pause in obligations will not preclude DOD’s timely execution of the
final policy direction.”
One
part of the foreign military financing (FMF) earmarked for Ukraine was delayed only
six days.
The
GAO Ukraine report, clearly states that:
“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.” 2
U.S.C. § 684”
At no point in the Ukraine Report does the GAO
find that OMB or the President triggered a deferral or impoundment. Therefore, there was no violation of the Impoundment
Control Act (ICA).
However, the GAO pours through countless memos
from the OMB, as well as OMB responses to GAO questions. Unfortunately, OMB’s responses dug avoidable holes
into which the Trump Administration fell by raising needless challenges to the
ICA.
OMB engaged in a battle it did not need to
fight. This triggered GAO having to
recount the ICA battles from other Administrations and pointing out the flaws
in OMB’s arguments. OMB responded by not
responding. As the GAO-OMB dialogue
dissipated, political rhetoric seeped-in.
The GAO stepped over their line by asserting
there may be “potential impoundments” where none exist. You either impound or you don’t. There is no “potential”. The GAO ascribes
“policy reasons” for the delay of funds without providing any evidence.
Finally, to carve out its own place in the
Impeachment, the GAO violated decades of its own professional code of conduct
by declaring, “We consider a reluctance to provide a fulsome response to have
constitutional significance”.
Senator Chris Van Hollen (D-MD), a dedicated
Never-Trumper, requested the GAO Ukraine report on October 30, 2019. He kept demanding GAO provide a report sooner
versus later in a letter dated December 23, 2019. The GAO admits that its report is a work in
progress and states it is waiting on additional information from the State
Department and OMB.
Unfortunately, Thomas Armstrong, GAO General Counsel,
was willing to risk the agency’s reputation as the gold standard of oversight, by
prematurely releasing an incomplete and flawed report, immediately relegating
it to just another politically charged smear.
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