The White House budget office violated the law when it froze U.S. military aid to Ukraine, the Government Accountability Office concluded in a new report.
President Donald Trump ordered the hold on the critical military assistance in July, a slew of senior White House officials testified to House impeachment investigators late last year, a move that coincided with the president and his allies’ effort to pressure Ukraine to investigate his Democratic rivals.
“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 wrote in an
eight-page report.
Trump’s decision to withhold millions in military aid, which he reversed in September after House investigators began probing the move, is at the heart of the articles of impeachment the House passed last month, and it will be a central allegation in the Senate’s impeachment trial that begins Thursday.
The report undercuts an oft-stated defense of Trump’s decision to hold the aid back: that it was a lawful exercise of the president’s authority.
GAO, an independent nonpartisan government watchdog that responds to congressional requests, said the White House attempted to justify its decision not to notify Congress by claiming it was simply a “programmatic delay.” But GAO rejected that claim, saying Trump’s decision, carried out by the budget office, was a violation of the Impoundment Control Act, which requires notification to Congress of any such delay in an appropriation of funds.
“OMB’s assertions have no basis in law,” the GAO argues, referring to the White House Office of Management and Budget.
OMB spokeswoman Rachel Semmel pushed back on GAO’s conclusions.
“We disagree with GAO's opinion,” Semmel said. “OMB uses its apportionment authority to ensure taxpayer dollars are properly spent consistent with the president’s priorities and with the law.”
The GAO report also states that OMB and the State Department “failed” to provide all of the information that was necessary for its investigation. That decision will likely fuel Democrats’ arguments in the Senate trial that Trump has attempted to obstruct Congress’ ability to investigate the Ukraine matter and that he’s been engaged in a coverup.