The Real Risks of Republicans Burying Their Heads in the Sand – The New York Times

These positions are so absolutist as to be a danger to the country, and Congress needs to respond forcefully.

On the spending power, there is substantial overlap among the branches: Congress has the power of the purse, and the president is responsible for running agencies and implementing programs. Rather than adhering to a strict separation of powers, in disagreements, the branches have traditionally engaged in a back-and-forth competition. As the G.A.O. points out in its decision, faithful execution of the law does not permit the president to substitute his own policy priorities for those that Congress has enacted into law. Some amount of cooperation in addition to competition is needed to make the system work.

The real question going forward is whether Congress will act to protect its constitutional role. Reactions so far are not particularly encouraging. On Thursday, Senator Ron Johnson, Republican of Wisconsin, dismissed the decision as a mere legalistic dispute between agencies.

The G.A.O. decision suggests a further deterioration of the separation of powers. The decision applies only to funds that were appropriated to the Defense Department and not the State Department, because the O.M.B. and the State Department have failed, as of yet, to provide the information we need to fulfill our duties under the Impoundment Control Act regarding State Department funds. In what was, for a nonpartisan agency like the G.A.O., a blistering conclusion, it states that its role is essential to ensuring respect for and allegiance to Congress constitutional power of the purse and pointedly reminds readers that all federal officials and employees take an oath to uphold and protect the Constitution and its core tenets, including the congressional power of the purse. The consequence of Congress abdicating its right to information about the spending power could have the effect of eliminating Congresss very control over that power.

Finally, the Senate must take seriously its role in the impeachment trial of President Trump. On Tuesday, when impeachment presentations start, these troves of new information will almost certainly begin to be aired in the chamber as senators listen to the presentation of the House managers. The Senate must demand and obtain all documents and testimony of those with knowledge of the presidents actions who refused to obey lawful subpoenas issued by the House in the impeachment inquiry, like the administration members Mick Mulvaney, Robert Blair and Michael Duffey as well as documents and other information that is directly relevant to the decision before them.

Clearly some are feeling the heat. Asked by Manu Raju of CNN whether the Senate should consider new evidence as part of the impeachment trial, Senator Martha McSally, Republican of Arizona, blithely responded: Manu, youre a liberal hack. Im not talking to you. Attacking reporters who ask fair questions wont solve their problem. Only a thorough and honest reckoning with the oaths they have taken as senators and as impeachment jurors will do that.

See the original post here:

The Real Risks of Republicans Burying Their Heads in the Sand - The New York Times