May, 15 2009, 04:45pm EDT
For Immediate Release
Contact:
Naomi Seligman 202.408.5565
CREW Asks DoJ for Records Regarding Decision to Fund Murtha Pet Project
WASHINGTON
In response to press reports that the Department of Justice (DOJ) is
supporting $44 million in funding for the National Drug Intelligence
Center (now the Center for Strategic Intelligence) in the FY 2010
budget, after years of pushing for the center's closure, CREW filed a
Freedom of Information Act (FOIA) request with DOJ asking for records
regarding the department's sudden about-face. CREW asked
for records related to the effectiveness of the center as well as any
documents related to DOJ's new position. Rep. John Murtha (D-PA) is the
center's primary patron and his earmarks for it have been controversial.
Read CREW's FOIA request, our request for expedition, and the related article from The Hill on the right.
Citizens for Responsibility and Ethics in Washington (CREW) is a nonprofit 501(c)(3) organization dedicated to promoting ethics and accountability in government and public life by targeting government officials -- regardless of party affiliation -- who sacrifice the common good to special interests. CREW advances its mission using a combination of research, litigation and media outreach.
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Top Democrat Issues Warning Over Trump Plot to 'Steal' From Federal Programs
"The Constitution provides no impoundment power to the president to unilaterally withhold funds appropriated by Congress," said Rep. Rosa DeLauro.
Dec 07, 2024
The top Democrat on the House Appropriations Committee warned Friday that President-elect Donald Trump is planning to "steal from the programs and services that affect middle-class, working, and vulnerable families" by refusing to spend money appropriated by Congress.
Rep. Rosa DeLauro (D-Conn.) said in a statement that Trump's strategy, known as "impoundment," is "uninformed and unconstitutional," adding that "the Supreme Court, the Department of Justice, and the Government Accountability Office are all in agreement—the Constitution provides no impoundment power to the president to unilaterally withhold funds appropriated by Congress."
"It is the sworn duty of the president of the United States to faithfully execute the law," DeLauro added, "and appropriations laws are no exception."
In a new fact sheet, Democrats on the House Appropriations Committee note that "the Constitution gives Congress the power of the purse, and nowhere does it give the president any unilateral power to either temporarily or permanently impound—steal, withhold, or prevent from being spent—funds appropriated by Congress."
"The Framers were right to give Congress the power of the purse," the fact sheet states. "If the president had the unilateral power to decline to spend resources as directed by Congress, then those who rely on Social Security, Medicare, Veterans Medical Care, and other federal spending programs would be subject to the whims of the executive branch. The American people would be unable to depend on promises made by Congress in appropriations laws."
Trump has explicitly vowed to use impoundment to "squeeze the bloated federal bureaucracy for massive savings," a plan endorsed by the billionaire pair tapped by the president-elect to run a new commission tasked with identifying spending and regulations to slash.
"With impoundment, we can simply choke off the money," Trump declared in a campaign ad.
"They have no authority. Does anybody get that?"
Following Elon Musk and Vivek Ramaswamy's visit to Capitol Hill on Thursday to discuss their plans for the "Department of Government Efficiency" (DOGE) with GOP lawmakers, The Washington Postreported that Republicans are "keen on expanding the president's power to impound spending—or refuse to spend money Congress authorizes."
"Musk and Ramaswamy said they were eager to test the constitutional limits of Trump's ability to unilaterally control spending decisions," the Post reported, citing two unnamed lawmakers. "Republicans largely left the more than two-hour meeting giddy."
Analysts argue Trump's plan to withhold federal spending would run afoul of the 1974 Congressional Budget and Impoundment Control Act (ICA). The law, as Propublica's Molly Redden explained, "forbids presidents from blocking spending over policy disagreements."
"A similar power grab led to his first impeachment," Redden wrote. "During his first term, Trump held up nearly $400 million in military aid to Ukraine while he pressured President Volodymyr Zelenskyy to open a corruption investigation into Joe Biden and his family. The U.S. Government Accountability Office later ruled his actions violated the Impoundment Control Act."
Democrats on the House Budget Committee recently pointed out that "although decided after the ICA passed, the Supreme Court unanimously held in Train v. City of New York that even without the ICA, the president does not have unilateral authority to impound funds."
That hasn't stopped Trump, Musk, and Ramaswamy from exploring ways to cut or block spending without congressional approval.
In a Wall Street Journalop-ed published last month, Musk and Ramaswamy wrote that "even without relying on" the view that the ICA is unconstitutional, "DOGE will help end federal overspending by taking aim at the $500 billion-plus in annual federal expenditures that are unauthorized by Congress or being used in ways that Congress never intended, from $535 million a year to the Corporation for Public Broadcasting and $1.5 billion for grants to international organizations to nearly $300 million to progressive groups like Planned Parenthood."
Housing assistance, childcare aid, student loan programs, and other spending would also be vulnerable under such an approach.
"They want [to cut] $2 trillion," DeLauro told reporters Thursday. "Think about the discretionary budget. It's $1.7 trillion. Where are they going for the money? Where are they going?"
"They have no authority," she added. "Does anybody get that?"
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The USPS in December 2022 announced a five-year $9.6 billion investment that involved electrifying 75% of its next-generation delivery vehicles and installing modern charging infrastructure. That came just months after President Joe Biden signed the Inflation Reduction Act, which included $3 billion in funding for the endeavor.
Ford did not respond to Reuters' requests for comment on Friday, while Oshkosh said that it "is fully committed to our strong partnership with the USPS and looks forward to continuing to provide our postal carriers with reliable, safe, and sustainable modern delivery vehicles, even as USPS' needs continue to evolve."
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During the campaign, Trump pledged to roll back Biden's climate policies if Big Oil poured $1 billion into getting him elected. He also attacked the Democrat's efforts to promote a shift to electric vehicles (EVs). Transportation accounts for the largest portion of all U.S. greenhouse gas emissions and the United States is the world's top historic emitter.
Even under Biden, U.S. plans to limit planet-heating pollution did not align with the country's contributions to the fossil fuel-driven climate emergency—but climate scientists and advocates widely backed his and later Vice President Kamala Harris' campaign leading up to last month's election, recognizing the threat posed by Trump.
John Hanger, a Democrat who previously held various envirnomental and energy positions in Pennsylvania's government, responded to the Reuters reporting on social media: "Ugh! Canceling contracts to electrify transportation of USPS would be dirty and dumb!"
Meanwhile, Scott Paul, president of the Alliance for American Manufacturing, said that "it's stuff like this that will cost us manufacturing jobs/opportunities."
Some critics also speculated whether such contracts may be redone to benefit Tesla. The company's CEO is Elon Musk, who is the richest man in the world, dumped around $270 million into super political action committees backing Trump's reelection bid, and is set to co-lead his forthcoming Department of Government Efficiency (DOGE) with fellow billionaire Vivek Ramaswamy.
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"I think we should get rid of all credits," Musk told reporters—despite his own company's reliance on Biden's EV policies.
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His Thursday letter came in response to an inquiry from U.S. Sens. Jeanne Shaheen (D-N.H.) and Ron Wyden (D-Ore.) along with Reps. Richard Neal (D-Mass.) and Lauren Underwood (D-Ill.) about "the effects on health insurance coverage and premiums that will result from not extending—either for one year or permanently—the expanded premium tax credit structure."
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While the CBO found with the expiration of the credits, "on average, those with health insurance will see their unsubsidized gross monthly premiums increase by as much as 8% each year," Anthony Wright, executive director of Families USA, pointed out that "for people who now receive premium assistance, the increases will be far steeper."
"Taking into account the cuts in premium assistance, nonpartisan organizations, such as the Center on Budget and Policy Priorities, report that people will experience estimated premium increases ranging from 41% to 218%, with a median increase of 91%—a near doubling of their monthly costs," he explained.
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Citing several unnamed sources, The Washington Postreported Friday afternoon that Democrats on Capitol Hill privately proposed a deal to extend the ACA subsidies by a year, which "accompanied a broader package of healthcare proposals submitted to Republicans on Thursday night ahead of year-end spending negotiations."
"It is not yet clear whether Republican leaders, who control the House, will agree to any of the proposals," the Post noted. "Spokespeople for Republicans on the House Ways and Means and the Senate Finance committees declined to comment."
Despite efforts to salvage the ACA subsidies due to the pain and economic suffering that would follow if they are not extended, progressives across the board continue to argue that Obamacare—which sends billions of federal dollars to the private insurance industry—is a far inferior solution compared with Medicare for All, which would cover everyone in the United States at a lower overall cost than the current system.
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