Keith Mack
In 2019, a scandal arose from the discovery of US President Donald Trump's attempts to coerce Ukraine into investigating his political rival, Joe Biden, and his son, Hunter Biden. Trump withheld a congressionally-mandated $400 million military aid package from Ukraine, in an attempt to obtain quid pro quo cooperation from Ukrainian president Volodymyr Zelenskyy.
The Government Accountability Office (GAO) concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine. The GAO stated that the Impoundment Control Act of 1974 had been violated, as Congress's legislated policy had been supplanted by President Trump's own policy. The GAO also concluded that the withholding was not a programmatic delay.
The White House's actions also raised questions about whether the Trump administration violated the constitutional separation of powers. The Constitution vests Congress with the power of the purse, and the power to make laws. Therefore, when Congress passes a law that governs the budget process, and lays out what money is to be spent and how, the president is constitutionally obliged to spend that money in the ways that Congress has authorised.
| Characteristics | Values |
|---|---|
| Reason for withholding funds | To pursue executive branch policy objectives |
| Law broken | Impoundment Control Act of 1974 |
| Amount withheld | $214 million |
| Organisation that withheld funds | Office of Management and Budget |
| Reason given for withholding funds | To ensure the money was not spent in a manner that could conflict with the President's foreign policy |
| Organisation that decided the withholding was illegal | Government Accountability Office |
What You'll Learn
Trump withheld funds to Ukraine to investigate the Bidens
In 2019, a scandal emerged surrounding then-US President Donald Trump's attempts to coerce Ukraine into investigating his political rival, Joe Biden, and his son, Hunter Biden. Trump enlisted the help of his personal lawyer, Rudy Giuliani, and Attorney General William Barr, to pressure Ukraine into supporting a conspiracy theory that Joe Biden had abused his position as Vice President to protect his son's business dealings in Ukraine.
Trump blocked a congressionally-mandated $400 million military aid package to Ukraine, in an attempt to obtain quid pro quo cooperation from Ukrainian President Volodymyr Zelenskyy. The aid was only released after the block became publicly known, sparking a congressional probe, which led to Trump's impeachment by the Democratic-controlled House.
The Government Accountability Office (GAO) concluded that the Trump administration broke the law by withholding congressionally-approved military aid to Ukraine. The GAO's report stated that the Constitution "vests Congress with the power of the purse" and that the President is "not vested with the power to ignore or amend any such duly enacted law". The report also stated that the executive branch cannot use policy reasons to withhold funds appropriated by Congress.
Trump's acting Chief of Staff, Mick Mulvaney, said that the decision to withhold aid was due to concerns about corruption in Ukraine and that European nations were not contributing enough aid. However, these reasons were disputed, and no evidence has been produced of any wrongdoing by the Bidens.
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The Government Accountability Office (GAO) deemed Trump's actions illegal
In January 2020, the Government Accountability Office (GAO) concluded that the Trump administration broke the law by withholding military aid to Ukraine. The GAO is a non-partisan watchdog agency that reports to Congress.
The Impoundment Control Act of 1974 was violated because Congress's legislated policy had been supplanted by President Trump's own policy. The GAO also concluded that the withholding "was not a programmatic delay", despite the Trump administration's claim that it was.
The Constitution gives Congress—and only Congress—the power to make laws and control the purse. When Congress makes a law that governs the budget process and passes a law laying out what money is to be spent and how, the president is constitutionally obliged to spend that money in the ways that Congress has authorized.
The executive branch can delay such spending in certain circumstances, but this typically requires a letter to Congress offering a justification for the proposed delay. The Trump administration did not provide such notification or justification. Instead, the delays were buried in Office of Management and Budget (OMB) footnotes.
The GAO report said that the OMB cited "a policy reason" for withholding $214 million in funds appropriated by Congress to the Defense Department for security assistance to Ukraine. However, a policy reason "is not permitted under the Impoundment Control Act" to withhold funds appropriated by Congress.
The report stated:
> "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law."
The GAO's conclusion was that the "OMB violated the ICA when it withheld DOD's USAI funds from obligation for policy reasons."
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Trump violated the Impoundment Control Act of 1974
The Impoundment Control Act of 1974 (ICA) governs the modern budget process and prohibits the executive branch from declining to spend money that has been authorized by Congress.
In January 2020, the Government Accountability Office (GAO) concluded that the White House broke federal law by withholding congressionally-approved military aid to Ukraine. The GAO found that the Trump administration had violated the ICA, which stipulates that the President cannot ignore or amend a duly enacted law.
The ICA states that the President can withhold funds only through a temporary deferral that meets certain requirements or through a proposed rescission of funds that requires a special message to Congress, which lawmakers must approve. In the case of Ukraine, the Trump administration did not provide notification or justification for the delay, instead burying the delays in Office of Management and Budget (OMB) footnotes.
The OMB, which handles spending for the executive branch, told the GAO that Trump was ensuring the money was not spent in a manner that conflicted with his foreign policy. However, the GAO report stated that "faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law."
The ICA was enacted in response to President Richard Nixon's refusal to spend money appropriated by Congress.
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Trump's actions undermined the separation of powers
The U.S. Constitution vests Congress with the power of the purse, meaning that only Congress has the authority to control government spending. The Impoundment Control Act of 1974 prohibits the executive branch from declining to spend money that Congress has authorized.
In withholding military aid to Ukraine, Trump violated the separation of powers by attempting to usurp Congress's authority. The Government Accountability Office (GAO) concluded that the Trump administration broke the law by withholding the funds.
The GAO's report stated that the Trump administration's Office of Management and Budget (OMB) cited "a policy reason" for withholding the funds, which is not permitted under the Impoundment Control Act. The report said:
> "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law."
The GAO's findings raised serious questions about whether the Trump administration violated the constitutional separation of powers.
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Trump's actions were politically motivated
The Trump-Ukraine scandal was a political scandal that arose from the discovery of US President Donald Trump's attempts to coerce Ukraine into investigating his political rival, Joe Biden, and his son, Hunter Biden. Trump enlisted the help of his personal lawyer, Rudy Giuliani, and Attorney General William Barr, to pressure Ukraine and other governments to support the bogus Biden-Ukraine conspiracy theory.
Trump blocked the payment of a congressionally-mandated $400 million military aid package to Ukraine, in an attempt to obtain quid pro quo cooperation from Ukrainian President Volodymyr Zelenskyy. Trump withheld the funds to Ukraine to pursue executive branch policy objectives. The funds were only released after the block on the aid became publicly known, sparking a congressional probe that led to the Republican president's impeachment by the Democratic-controlled House.
The Government Accountability Office (GAO) concluded that the White House broke federal law by withholding Congress-approved military aid to Ukraine. The GAO report stated that the Constitution "vests Congress with the power of the purse" and that the Trump administration violated the Impoundment Control Act of 1974, which prohibits the executive branch from declining to spend money that Congress has authorized.
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Frequently asked questions
Yes, Trump broke the law by withholding funds to Ukraine. The Government Accountability Office (GAO) concluded that the Trump administration violated the Impoundment Control Act of 1974, which prohibits the executive branch from declining to spend money that has been authorised by Congress.
The Impoundment Control Act of 1974 is a law that governs the modern budget process and specifically prohibits the executive branch from declining to spend money that has been authorised by Congress.
The GAO said that the Trump administration's withholding of funds to Ukraine "was not a programmatic delay" and that the "OMB violated the Impoundment Control Act". They also said that the "Constitution specifically vests Congress with the power of the purse" and that the President is "not vested with the power to ignore or amend any such duly enacted law".
The White House disagreed with the GAO's opinion, with OMB spokeswoman Rachel Semmel saying that "OMB uses its apportionment authority to ensure taxpayer dollars are properly spent consistent with the President's priorities and with the law."
