Trump Had Right to Withhold Ukraine Funds: GAO is Wrong
by Alan M. Dershowitz • January 17, 2020 at 7:00 pm
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.
