Of course........

Federal watchdog says Trump’s $810M funding cancellation is unconstitutional

A top Government Accountability Office lawyer told Congress the president doesn’t have the power to execute his latest ‘pocket rescission.’

Jennifer Scholtes

The federal government’s internal watchdog told Congress Tuesday that it has concluded President Donald Trump acted unlawfully in unilaterally canceling $810 million in federal funding.

In a letter to congressional leaders obtained by POLITICO, the Government Accountability Office’s top lawyer panned Trump’s declaration Friday that he is nixing money Congress appropriated through a controversial budget maneuver called a “pocket rescission.”

“The Constitution vests in Congress the power of the purse,” GAO General Counsel Edda Emmanuelli Perez wrote, adding that “Congress did not cede this important power” by enacting the 1970s impoundment law intended to stop presidents from withholding money Congress approves.

“Any withholding of appropriated funds beyond their date of expiration, regardless of size, subverts both the constitutional process for enacting federal law and Congress’s constitutional power of the purse,” Perez added. “The President may not force the expiration of budget authority Congress has already enacted and did not rescind.”

It is unclear what practical effect, if any, the letter will have on the interbranch funding fight. Outside groups sued the administration last year over a prior pocket rescission, but the Supreme Court issued a preliminary ruling that they did not have standing to challenge the matter. The Trump administration has argued that only the head of the GAO is able to sue under the 52-year-old law governing rescissions.