Saturday, March 28, 2020

Trump Goes Viral, Con't

And immediately after singing the COVID-19 bill into law yesterday, Donald Trump and Attorney General Bill Barr made it clear that the regime considers that the oversight provisions Congress put into the law are pretty much null and void and that Trump would fight any attempts at oversight of that $500 billion corporate slush fund.

In a signing statement released hours after Mr. Trump signed the bill in a televised ceremony in the Oval Office, the president suggested he had the power to decide what information a newly created inspector general intended to monitor the fund could share with Congress.

Under the law, the inspector general, when auditing loans and investments made through the fund, has the power to demand information from the Treasury Department and other executive branch agencies. The law requires reporting to Congress “without delay” if any agency balks and its refusal is unreasonable “in the judgment of the special inspector general.”
Democrats blocked a final agreement on the package this week as they insisted on stronger oversight provisions to ensure that the president and Treasury Secretary Steven Mnuchin could not abuse the bailout fund. They feared that Mr. Trump, who has previously stonewalled congressional oversight, would do the same when it came to the corporate aid program.

But in his statement, which the White House made public about two hours after the president signed the bill, Mr. Trump suggested that under his own understanding of his constitutional powers as president, he can gag the special inspector general for pandemic recovery, known by the acronym S.I.G.P.R., and keep information from Congress.


“I do not understand, and my administration will not treat, this provision as permitting the S.I.G.P.R. to issue reports to the Congress without the presidential supervision required” by a clause of the Constitution that instructs the president to take care that the laws are faithfully executed, the statement said.

Mr. Trump has a history of trying to keep damaging information acquired by an inspector general from reaching Congress.

The impeachment scandal began with the disclosure that a whistle-blower had filed a report about something that the intelligence community’s inspector general deemed to be an “urgent concern.” A federal law states that the director of national intelligence should send Congress such a complaint within seven days.

But the Trump administration decided it could lawfully withhold that report from lawmakers. It eventually reversed course under political pressure, bringing to light that an intelligence official had raised alarms about Mr. Trump withholding congressionally mandated military assistance to Ukraine to coerce that country’s government into announcing investigations that would give Mr. Trump personal political benefits.

The signing statement also challenged several other provisions in the bill, including one requiring consultation with Congress about who should be the staff leaders of a newly formed executive branch committee charged with conducting oversight of the government’s response to the pandemic.


Citing his understanding of his power to supervise executive branch staff positions, Mr. Trump said he would not interpret that as mandatory although he anticipated that they would be consulted anyway.

Mr. Trump’s legal team is led by Attorney General William P. Barr, who is known for his embrace of a maximalist interpretation of presidential power, including the so-called unitary executive theory. Under that doctrine, laws that bestow independent decision-making authority on subordinate executive branch officials are unconstitutional because the president wields total control over deciding how to exercise executive power over the government.

And again, House Democrats have not shown any indication of wanting a big Supreme Court fight over Trump ignoring the Constitution that they know they would almost certainly lose 5-4.

So yeah, the failed impeachment attempt earlier this year means Nancy Pelosi got played on this.  Trump will have Treasury Secretary Steven Mnuchin pick the winners and loser businesses that this half-trillion dollars is supposed to save, but they will all be Trump donors.

Those who didn't play ball with Trump's grift and graft before government public health closures?

They will not be spared.

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