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Federal Criminal Offenses and the Impeachment of Donald J. Trump: The Impoundment Act (non-criminal law)
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Federal Criminal Offenses and the Impeachment of Donald J. Trump: The Impoundment Act (non-criminal law)

Author Sam Berger contributes this essay making a case for how President Donald Trump's actions in the Ukraine scandal violated the Congressional Budget and Impoundment Control Act of 1974.

Authors

  • Sam Berger

President Donald Trump’s effort to extort Ukraine by withholding military funding is an impeachable offense. While not necessary to constitute a high crime and misdemeanor under the Constitution, the way Trump withheld the aid was also illegal, as it violated the Congressional Budget and Impoundment Control Act of 1974 (ICA).

While violations of the ICA do not implicate criminal law, they do implicate the President’s constitutional obligation to ensure the laws are faithfully executed. Moreover, the White House was alerted that the hold was illegal but continued it anyway.

The above excerpt was originally published in Just Security. Click here to view the full article.

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Authors

Sam Berger

Vice President, Democracy and Government Reform