WASHINGTON D.C. — Democracy Defenders Fund (DDF) today called on the Government Accountability Office (GAO) to take immediate legal action to stop President Trump from unlawfully withholding $4.9 billion in foreign aid and to compel him to spend the funds as required by law.

In a letter, DDF formally requested that GAO initiate proceedings under the Impoundment Control Act (ICA), including pursuing civil litigation, to ensure the administration does not allow the funds to expire without congressional approval.

The letter comes a few days after President Trump sent a special notice to Congress claiming to unilaterally cancel $4.9 billion in foreign aid using a so-called “pocket rescission.” Notably, the president’s request comes as Sept. 30, the end of the fiscal year and deadline for spending the funds, approaches. By asking Congress to rescind those funds, the President takes the view that he can use a procedural hook in the ICA to simply wait out the clock and let the funding lapse.

But the President is wrong.

“There is no such thing as a ‘pocket rescission,’” said Virginia Canter, DDF’s chief counsel and director for ethics and anticorruption. “The Impoundment Control Act is clear: the president has no authority to unilaterally rewrite the law. GAO must act quickly to remind President Trump that it is Congress who controls the power of the purse.”

Under the Constitution and the ICA, only Congress has the authority to enact or repeal funding. The President is constitutionally required to carry out spending laws unless and until Congress changes them. By refusing to spend the money, the White House is attempting to sidestep Congress, an unconstitutional act and a dangerous precedent.

“When the Founders provided that the president ‘shall take care that the laws be faithfully executed,’ it didn’t provide an exception for a president who drags his feet,” said Chris Swartz, Senior Ethics Counsel for DDF. “President Trump’s attempt to usurp the core constitutional right to legislate from representatives of the people is just the latest in his unlawful autocratic actions. It is imperative that GAO promptly take action to enforce the appropriate separation of powers outlined in the Constitution.”

DDF’s letter calls on the Government Accountability Office to promptly begin the process of enforcing the ICA and to bring a civil action to require the president to use the money as Congress instructed him to do.

GAO has the authority to enforce the ICA, including bringing suit in the District of Columbia to force the President to release the funds in question. Because of procedural hurdles, however, it is imperative that GAO begin that process immediately, DDF’s letter stated.

Read the full letter HERE

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.