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Trump Had Right to Withhold Ukraine Funds: GAO is Wrong
gatestoneinstitute.org ^ | 1/17/2020 | alan dershowitz

Posted on 01/18/2020 12:05:58 PM PST by bitt

The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.

To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.

Even if the GAO were correct in its legal conclusion — which it is not — the alleged violation would be neither a crime nor an impeachable offense. It would be a civil violation subject to a civil remedy, as were the numerous violations alleged by the GAO with regard to other presidents.

If Congress and its GAO truly believe that President Trump violated the law, let them go to court and seek the civil remedy provided by the law.

U.S. Government Accountability Office (GAO) has gotten the constitutional law exactly backwards. It said that the "faithful execution of the law" — the Impoundment Control Act—"does not permit the president to substitute his own policy priorities for those congress has enacted into law ." Yes, it does — when it comes to foreign policy. The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.

To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.

Consider the following hypothetical situation: Congress allocates funds to Cuba (or Iran or Venezuela). The president says that is inconsistent with his foreign policy and refuses to release the funds. Surely the president would be within his constitutional authority. Or consider the actual situation that former President Barack

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TOPICS: Breaking News; Constitution/Conservatism; Cuba; Editorial; Government; Politics/Elections; Russia
KEYWORDS: alandershowitz; brakingbitt; cuba; dershowitz; foreignpolicy; gao; nicaragua; russia; thedersh; trumpukraine; ukraine; venezuela
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1 posted on 01/18/2020 12:05:58 PM PST by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; azishot; AZ .44 MAG; Baynative; ..

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2 posted on 01/18/2020 12:06:14 PM PST by bitt (A FRIVOLOUS impeachment vote is a SEDITIOUS CONSPIRACY)
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To: bitt
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.

Thank you, Dershowitz.

3 posted on 01/18/2020 12:13:31 PM PST by Jeff Chandler (BLACK LIVES MAGA)
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To: bitt
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.

Thank you, Dershowitz.

4 posted on 01/18/2020 12:13:42 PM PST by Jeff Chandler (BLACK LIVES MAGA)
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To: bitt

There is no crime here. Period.


5 posted on 01/18/2020 12:14:22 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: bitt

He’s on the President’s defense team. The Dersh who is that rare combination of intellect, Democrat and patriot.

We’re blessed to have him.


6 posted on 01/18/2020 12:15:06 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: bitt

But if Trump was wrong, doesn’t that mean Biden was wrong? How does the left reconcile that glaring contradiction?


7 posted on 01/18/2020 12:15:53 PM PST by Spok
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To: bitt

There is a deep state stench rising from the GAO. How mqany there are obamaroid appointments?


8 posted on 01/18/2020 12:17:20 PM PST by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: bitt

I haven’t seen it addressed that Trump released the funds within the fiscal year Congress required him to release it.
So he obeyed the law.

Maybe I missed some fine point.


9 posted on 01/18/2020 12:17:38 PM PST by mrsmith (Dumb sluts (M / F) : Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: bitt

President Trump continues to smoke out Deep State strongholds.


10 posted on 01/18/2020 12:18:04 PM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: bitt

President Trump’s amazing ability to expose bureaucratic vermin continues.


11 posted on 01/18/2020 12:18:57 PM PST by chief lee runamok (expect nothing)
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To: bitt
The author does not understand what the GAO is or does. "....The Government Accountability Office (GAO) is a legislative branch government agency that ... Work of GAO is done at the request of congressional committees or ... advising Congress and the heads of executive agencies about ways to make ... attention to the GAO's work by publishing stories on the findings, conclusions ......."

https://en.wikipedia.org

/wiki/Government_Accountability_Office In their role as providing reports to Congressional Committees they often shade the facts for the partisan benefit of the Committee that requests their analysis. It is the very essence of the Deep State

12 posted on 01/18/2020 12:19:14 PM PST by Robert357
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To: bitt

Did Biden have the right to withhold aid until the prosecutor was fired?


13 posted on 01/18/2020 12:19:26 PM PST by Brilliant
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To: bitt
Strange days when Alan Dershowitz is on our side.
14 posted on 01/18/2020 12:19:59 PM PST by McGruff
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To: bitt

Alan Dershowitz is an honest liberal.

Noteworthy because it is so rare.


15 posted on 01/18/2020 12:20:34 PM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself.)
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To: bitt

So who will chime in next, the Department of Agriculture?


16 posted on 01/18/2020 12:28:05 PM PST by SpaceBar
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To: SpaceBar

It’s against the law for the President to have two scoops of ice cream for dessert maybe.


17 posted on 01/18/2020 12:30:37 PM PST by Gay State Conservative (The Rats Can't Get Over The Fact That They Lost A Rigged Election)
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Not if the meeia repeatedly sais its not


18 posted on 01/18/2020 12:34:24 PM PST by dsrtsage (Complexity is merely simplicity lacking imagination)
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To: SpaceBar

Nope, it would be department of transportation for delaying Ukraine leaders White House visit. /S


19 posted on 01/18/2020 12:34:25 PM PST by entropy12 (You are either for free enterprise or want gov't to protect your wage levels. Can't be both.)
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To: bitt
BREITBART: Seven Times the GAO Found the Obama Administration Violated Federal Law
20 posted on 01/18/2020 12:35:03 PM PST by StAnDeliver (CNN's Dana B: "Show of hands: Coverage for undocumented immigrants?" ***all Democrat hands raised***)
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