Posted on Jan 19, 2020
Trump lawyers file unflinching first response to 'unconstitutional' impeachment: 'A dangerous...
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Edited 5 y ago
Posted 5 y ago
Responses: 7
You are an awesome and eloquent writer CPT Jack Durish and you covered this quandary we are in with the Dems and Impeachment!!! I agree wholeheartedly that President Trump must attack his attackers for the survival of this Country that we both love! Never in my 77-years have I seen anything like this political travesty that begs to turn our Country inside out and upside down!
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This is nothing new. Trump and the Republicans attack dead people, living people, veterans, and witnesses. If Trump was up and up about the Ukraine funds, he would have done so in a legal manner. His attorneys claim he was not afoul of the law or the constitution. His actions to delay or attempt to wipe out an obligation to Ukraine was illegal within the scope of the Impound Control Act which has a constitutional basis. Irony is the Republicans are bitching about the railroading by the Democrats. Look at what the Republicans are doing. DC is a farce.
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Maj John Bell
Not sure the ICA applies:
_The language of the ICA speaks of OMB disbursement to government agencies. Were the funds to be disbursed directly to the Ukraine, or to a US government agency which then obligated the funds.
_There are uncontested precedents that the executive branch may with hold funds for up to 45 days, "...as long as The ICA defines a “deferral” as withholding, delaying, or – through other Executive action or inaction – effectively precluding funding from being obligated or spent.
_The language of the ICA speaks to reductions, delays, or elimination of funding. The facts of the case appear to narrow the action to a delay of aid. Was the aid to Ukraine tied to specific dates? If so, were those deadlines busted?
_The National Defense Act ties the release of foreign military assistance to Presidential certification that the nation receiving the aid has effective anti-corruption laws, policies, and enforcement actions in place PRIOR to releasing the funds.
https://www.strategic-culture.org/news/2019/11/04/foreign-aid-makes-corrupt-countries-more-corrupt/
_The language of the ICA speaks of OMB disbursement to government agencies. Were the funds to be disbursed directly to the Ukraine, or to a US government agency which then obligated the funds.
_There are uncontested precedents that the executive branch may with hold funds for up to 45 days, "...as long as The ICA defines a “deferral” as withholding, delaying, or – through other Executive action or inaction – effectively precluding funding from being obligated or spent.
_The language of the ICA speaks to reductions, delays, or elimination of funding. The facts of the case appear to narrow the action to a delay of aid. Was the aid to Ukraine tied to specific dates? If so, were those deadlines busted?
_The National Defense Act ties the release of foreign military assistance to Presidential certification that the nation receiving the aid has effective anti-corruption laws, policies, and enforcement actions in place PRIOR to releasing the funds.
https://www.strategic-culture.org/news/2019/11/04/foreign-aid-makes-corrupt-countries-more-corrupt/
Foreign Aid Makes Corrupt Countries More Corrupt
James BOVARD Counting on foreign aid to reduce corruption is like expecting whiskey to cure alcoholism. After closed House of Representatives impeachment hearings heard testimony…
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MAJ Ken Landgren
Maj John Bell - ICA applies as it specifies the authority of the POTUS to delay funds or possibly deleting obligations. The constitution specifies that the POTUS does not have the unilateral authority to cherry pick what will be funded late or decide what he wants to delete from as a legal obligation. What is more ironic is congress appropriated the funds and Trump signed off on the budget then wants to do a U turn on the funds for Ukraine.
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Maj John Bell
MAJ Ken Landgren - I ask again, was the disbursement of the funds tied to a specific date other than the end of the fiscal year, if not, there is nothing to prevent the President from exercising the due diligence MANDATED by the National Defense Authorization Act, without requiring notification to Congress.
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MAJ Ken Landgren
June 18 DoD notified Ukraine of the funds that were being obligated to the country.
Sept 11 Disbursement of most of the funds to Ukraine.
It is well past the 45 days given by ICA.
Sept 11 Disbursement of most of the funds to Ukraine.
It is well past the 45 days given by ICA.
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