Protecting Congress’ Power of the Purse and the Rule of Law

After the Imperial Presidency of Richard Nixon, the Congress enacted the Budget and Impoundment Control Act of 1974 over his veto. It has been largely self-enforcing, although the requirements in current law holding budget certifiers personally responsible for signing off on purchase requisitions provides additional protection. It is why they look so thoroughly on each package before it is sent to the agency procurement activity. They must also certify the legality of the purchase. 

The attempt to violate the Act in the Ukraine manner came to light and protests by members of the permanent government eventually had the funds released. Without such bravery, the money may never have been delivered. We still have questions as to whether this incident was really about election interference, if only because at most the Ukranian appearance desired on CNN would have changed no minds. The questions that remain are whether the President was an audience of one feeding his own paranoia or had darker intentions having to do with his dual allegiances to his Moscow Project (which realistically would never have been added to the Onion Domes in the Moscow Skyline) or personal loyalty to President Putin.  

Events in the immediate future have an impact on how this will all play out. In the very near future, the Supreme Court will hear Trump v. Vance, et al, with the President’s claims of absolute immunity being part of the arguments and eventual ruling. Worries about partisanship among the Justices are overblown. The current Court will rule as they did in U.S. v. Nixon.   

If the Court remands the issue of presidential indictment (and with it arrest) back to the District Court for further consideration, BICA 74 violations which, like the Foreign Gifts and Declarations Act, contain no criminal penalties, will be the least of Citizen Trump’s worries. That being said, it would be good to enact criminal penalties for violating these statutes directed at appointed, rather than career, officials.  

Whether even these can be used on an urgent basis is in doubt. Enforcement of laws requiring that any and all tax returns be delivered to the Ways and Means and Finance Committees, which have criminal penalties, has been delayed. While the chain of command from the IRS General Counsel to the President’s Chief of Staff (and possibly the President himself) will certainly be subject to prosecution and likely conviction, the reluctance to enforce the appearance of Don McGahn does not bode well if partisanship overcomes duty in the Senate.  

In the end, the voters will decide. That Northern Virginia suburbs had record turnout for the former Vice President shows that many Republicans may have found a new home. This does not bode well for Trump defenders.