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by Rod D. Martin & Matt Wilson
January 16, 2020
The GAO’s accusation that impounding Ukrainian aid for FOUR DAYS is a crime is absolutely ludicrous, and yet another example of a supposedly “nonpartisan” agency playing politics.
Matt Wilson explains below why this supposed impoundment isn’t a crime. I would suggest that FOUR DAYS isn’t even an impoundment.
But more importantly, I believe this is a legitimate question for the courts, as is the assertion of Executive Privilege which the Democrats are disingenuously calling “Obstruction of Congress” (whatever that’s supposed to mean), because…
… the Impoundment Control Act of 1974 is a grossly unconstitutional infringement on the powers of the Executive Branch.
Now you may disagree. And you might be right.
But what is certain is that the Act increases one Branch’s power and at the expense of a co-equal Branch, and attempts to take away a right Presidents had exercised and everyone had believed constitutional since George Washington.
If Washington was wrong, that’s an issue for the Court to decide, not to be litigated through impeachment.
The Democrats aren’t interested in that, and did not file suit, just as they did not seek an answer from the Court on the legitimate legal question regarding their attempted enormous curtailment of Executive Privilege. Moreover, they took the opposite tack with Obama.
No, this is an enormous attempted power grab, seeking through impeachment to set precedents they don’t believe they could win legitimately, and would not dream of enforcing against one of their own.
As in so many other things, an entire major party has declared war on the rule of law. Let them continue in this vein and the Republic is done.
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From attorney Matt Wilson: “Today the Government Accountability Office (GAO) accused President Trump of breaking the law by holding up aid for Ukraine that had been appropriated by Congress.
“The statute in question that Trump is said to have violated is the Impoundment Control Act of 1974. Essentially this law says that if monies are appropriated for a given purpose, then the monies must be spent.
“A little background is in order. Every President from Jefferson to Nixon would impound funds from time to time. (Well, William H. Harrison didn’t, because he fell ill of pneumonia after his inauguration and died 30 days later. But apart from him, this holds true.)
“For example, if the President thought that Congress had appropriated too much money for a given project, the President would simply freeze the excess money. While the surplus could not be spent for any other purpose, until the President lifted the hold, the money would just sit in the federal treasury.
“By the 1970s, however, Congress had started spending money on great progressive projects. The EPA, the Great Society — these are the first two that come to mind. Nixon began impounding funds, and Congress took exception, passing the Impoundment Control Act over Nixon’s veto.
“Since then, we have seen a prodigious expansion of the federal government’s debt. After all, if every dime appropriated must be spent — even if not every dine is needed — then just imagine the waste.
“At any rate, Trump is now being accused of breaking this law when he put Ukraine aid on hold for a few days.
“Even so, is this…even a crime?
“You see, not every violation of the law — be it technical or substantive — is criminal.
“Simple parking offenses come to mind.
“When was the last time someone went to jail because his car was double parked?
“It’s the same here. Impounding funds for Ukraine temporarily — when other federal law also requires certification that Ukraine be in compliance with anti corruption measures — could hardly be considered a crime, let alone a high crime.
“Our courts are governed by precedents. Similarly, when the Senate acts as an impeachment tribunal, the precedents it sets should govern subsequent impeachments.
“Twenty-one years ago, Bill Clinton was impeached for committing perjury— a federal crime with clearly defined jail time. This, however, was not enough of a crime to remove him from office.
“By the Clinton precedent, how then can temporarily impounding funds earmarked for Ukraine be considered a “high crime” when, unlike perjury, it’s not even a crime at all?”
— The GAO’s Absurd Accusation originally appeared as a Facebook post by Rod D. Martin.
Rod is one of our nation’s leading minds. He’s smart, original, and very committed—a combination that one rarely finds.
Rod Martin is a Reaganite-Thatcherite conservative…[and] a man who has spent much of his life ministering to and working for the benefit of others. I know Rod as an advocate for freedom, a leader who understands the real changes we need in Washington, and who has the drive and ability to make those changes happen.
Rod Martin is the kind of dynamic leader who has the knowledge, ability and experience to lead us successfully into the 21st Century. His vision for America is compelling.
Rod Martin literally wrote the book on excellence. Humble yet brilliant, a man of love and compassion, with penetrating clarity he illuminates the world around us, and we are both stirred and enlightened.
Rod Martin is a born leader and an outstanding political mind. Anyone who takes him on is going to have a serious fight on their hands.
Rod Martin is a man of uncommon vision and character. Ever since I first worked alongside Rod in the early days of PayPal, I’ve been struck by his powerful vision for the future. Rod understands the intersection of technology, politics and culture in a way that few others do.
Rod Martin wears with uncommon grace an uncanny ability to link his vigorous faith to the practical challenges of both the business world and the political arena. Yet the respect he shows for others carries a warmth and modesty that are both too rare among those who are strong advocates of feisty positions.
America badly needs more leaders who really get the future. We need more Rod Martins.
Rod Martin is a modern day philosopher-statesman. He is a capitalist intellectual, a conservative iconoclast, a gentle adversary and a kind prophet. He inspires us towards a fresh national vision built upon the original founding principles.
Rod Martin is not only effective and efficient, but he is also perceptive, wise and gracious. He gets things done. He is a great friend and a great ally.
Rod is one of the sharpest, most gracious men I know, and one of the most gifted political thinkers today. His ability to analyze issues and communicate thoughtful insights on them have earned him the respect of people across the political spectrum.
I am proud to have been Rod Martin’s friend for a quarter century, and I can tell you that he is one of the finest men and most outstanding leaders in our church and in our country today. He has a knack for turning everything he touches to success.
Rod Martin is a cornucopian entrepreneur and eutropic thinker whose influence radiates through an array of companies, institutions, movements and churches. A renaissance American, he is also a prolific friend of freedom and faith around the globe.
If Rod Martin represents the next generation of leaders, America has nothing to worry about.
A leader and a servant, in public life and in private, Rod Martin strides at the top of his profession, and has nowhere to go but up. He is in the truest sense of the word ‘outstanding’.
Rod Martin is undoubtedly one of the most accomplished thought leaders today. He is a wonderful mentor, a humble role model, and a deep inspiration for the next generation of scientific innovators and entrepreneurs.
Rod’s achievements pale beside his character and his brilliance. He sees what others can’t. He leads when others won’t.
Rod Martin is one of America’s finest young minds.
The future of technology is the future of America. Rod Martin sees that future clearly, and also sees how to shape it for the betterment of all. He is firmly rooted in the traditions of faith and patriotism that have made America great. That’s why he has made, and will make, so many outstanding contributions in so many areas.
