Newly unredacted emails provide fresh evidence in Trump impeachment case

Spending can be legally deferred on a temporary basis.

LTJG Richard Bruce - it hasn't been paid in full. The last information available still showed millions of dollars has not yet been released to the Ukraine.

PO1 Kevin Dougherty - not in all cases, and this was one of those cases.

LTJG Richard Bruce Actually I've seen reports that it hasn't been paid in full yet.

Trump got caught withholding funds that he certified with his signature. The funds for Ukraine became a legal obligation to be paid expeditiously. He went to great lengths to hide his actions because he was wrong. PO1 Kevin Dougherty

Trump did not have the right to delay or stop the funds in secrecy of Congress. He had no right to unobligate funds oh by the way he certified during the budget process. PO1 Kevin Dougherty

MAJ Ken Landgren - Sorry, but on this we are going to have to agree to disagree. Until and unless you can produce some sort of law or legal opinion that clearly states the president does not have the right to delay payment of foreign aid, I remain unconvinced. The law and 200 years of practice indicate otherwise. In addition, there is a difference between obligated and funded. Congress funds the budget. Aid such as the aid to Ukraine is funded when the budget is passed. It is not obligated until the Executive commits to spending it.

Further, Obama withheld what was really needed at the time when he ordered that no lethal aid be rendered during the time of active conflict. Some would argue that he was obligated to do so under the Budapest Memorandum of 1994, but such aid is not specified in that agreement, at least not expressly.

Obama also placed conditions and withheld aid until they were met. Israel, Uganda, Nigeria, Columbia, and yes, Ukraine are a few I can list off the top of my head. We even have video of Biden flatly stating as much at a CFR forum. Their own witnesses in the House hearing stated that delaying the release of funding was not uncommon, nor was the placing of conditions for it's release. In fact every president has done so.

The funds were in fact released. Yes, they were only about 84% obligated by the end of the FY, still that was better than the 79% that were obligated in Obama's last year in office. BTW, under Trump, those numbers were 91% for 2017, and 83% for 2018, so 84% was in that same range.

In reality, Congress places far more holds on obligated, (that is funds the President has released), funds. In 2017, the last year I could find data on, there were over 115 congressional holds placed on funds beyond the statutory 15 days. The OMB reports that several were held considerably longer, included one hold of 321 days, one of 228 days, and three holds of more than 100 days.

The crux of the matter is the Impound Crontrol Act states presidents must get approval from congress for delays and elimination of funds. Trump was quiet about the delay because he was in the wrong. Once congress appropriates and the POTUS signs off on the bill it is law and a legal responsibility of the USG. Not only that but Trump was so conniving he tried to eliminate those funds all together from the budget, but the congress denied it. He had no authority to delay the funding of a real funding liability or eliminating it all together. If Trump was up and up, then why did he try to hide what his administration did? Why were there so many redacted emails? Why did Trump sign off for the funding for Ukraine and change his mind? Why did he try to eliminate the funds in all entirety? Tell me that.

But, wasn't it only forwarded after the so-called Phone Call Transcript was made public?

LTJG Richard Bruce The emails make it abundantly clear that he did withhold it for a period of time. It was not released until he became aware of the whistleblower complaint. He got caught with his hand in the cookie jar and quickly pulled it out when he knew we was found out, nothing to see here.

LTJG Richard Bruce - and some of it still hasn't reached the Ukraine.