The Trump administration plans to funnel a $130 million donation from an anonymous ally of President Donald Trump toward paying military service members during the government shutdown, the Defense Department confirmed on Friday.
In the case of who funds the military, and where that money comes from, there is no ambiguity…it is established law. In fact, there are actual prison sentences for anyone who tries to circumvent those laws.
It’s certainly possible that there is a law against someone donating money to the account from which military salaries are withdrawn, but it’s also quite possible that there isn’t. It’s one of those things that just never would have come up. Are you aware of such a law?
It is technically legal to make a donation to the Military Personnel Appropriations Fund, but not by some anonymous donor. There would have to be an investigation into their background, to determine whether or not there were any conflicts of interest, and it would typically still need to be approved by Congress.
At the end of the day, it is and always has been, Congress that funds the military. That is the law. The President getting a “friend” to pay the military without Congressional approval, is a clear violation of the separation of powers required by the Constitution. It’s not up to him to “find money” for this purpose. That is not his job. The Constitution is explicitly clear about the President not having that power.
How could there be a conflict of interest? Were money being spent then it’s pretty obvious, but putting money in? I’m not saying I don’t see a problem here, but I don’t think existing law was written to handle this situation.
I doubt separation of powers is relevant since it hardly matters who “found” the donor or who’s “friend” they are. Had the president ordered a private citizen to make the donation (perhaps as a settlement with the DOJ or something) that would be different. If Trump did any favors for the money that would also be an issue, but that would be as hard to prove as bribery in the current system.
This response makes such little sense and is such sophist bullshit that it basically sounds like AI being stretched too far. Either that or it’s a motivated troll trying to muddy the waters, but then again, said trolls would be the ones using AI.
You don’t think there would be an expectation of getting something in return? That’s pretty naive. You’re basically assuming no favors were given, despite the fact that no information about that donor has beenade public, and Congress had no involvement in accepting the money. There was literally no oversight involved. When it comes to funding the military, that is illegal.
And the separation of powers is literally one of the foundations of US law. Each branch of government has its own separate responsibilities and the authority to carry them out. The other branches do not have crossover authority to simply take charge of what another branch is responsible for.
According to the Constitution the president does not have the authority to fund the government. That authority belongs to Congress, who are ultimately responsible to their constituents. It’s set up that way, so that the government…and in particular, the military…is ultimately responsible to the public. Not the president. He is the commander in chief…but the military itself belongs to Congress, who in turn answer to us.
If Trump just bypasses Congress in order to fund the military, then they no longer serve us. They serve him alone. And that is the definition of a dictatorship.
You don’t think there would be an expectation of getting something in return? That’s pretty naive.
I didn’t say that. However, that’s not how it works legally. Unless there is a law specifically restricting deposits in that account, whatever ulterior motives might be involved are irrelevant. Proving bribery is also nearly impossible in our current system, without solid evidence that the transfer of funds was explicitly tied to the abuse of power.
And the separation of powers is literally one of the foundations of US law.
I didn’t question it’s existence, only it’s applicability in this circumstance. We’re talking about a private citizen making a donation to a public fund. The president isn’t even involved except that they happen to be a “friend”. The separation of powers is irrelevant.
However, that’s not how it works legally. Unless there is a law specifically restricting deposits in that account, whatever ulterior motives might be involved are irrelevant.
No. That’s exactly how it works, legally. It would be a violation of the Antideficiency Act. And to be clear, it isn’t about who can make a deposit…it’s about who has the authority to spend the money. That’s Congress, and only Congress. That’s why the separation of powers matters here. Without their approval, the president has no authority to use that money for any purpose, regardless of where it came from.
And by law, it has to be spent from that fund, which is under the explicit control of Congress. Using any other fund, is also illegal. There is no legal way for him to pay the troops without Congress. Period. That is the law.
So, all the way up and down, this is simply illegal.
In the case of who funds the military, and where that money comes from, there is no ambiguity…it is established law. In fact, there are actual prison sentences for anyone who tries to circumvent those laws.
It’s certainly possible that there is a law against someone donating money to the account from which military salaries are withdrawn, but it’s also quite possible that there isn’t. It’s one of those things that just never would have come up. Are you aware of such a law?
https://www.lawfaremedia.org/article/how-trump-violated-the-law-to-pay-the-military
We aren’t talking about that money.
It applies though. You asked for specifics and that article goes into specifics.
It is technically legal to make a donation to the Military Personnel Appropriations Fund, but not by some anonymous donor. There would have to be an investigation into their background, to determine whether or not there were any conflicts of interest, and it would typically still need to be approved by Congress.
At the end of the day, it is and always has been, Congress that funds the military. That is the law. The President getting a “friend” to pay the military without Congressional approval, is a clear violation of the separation of powers required by the Constitution. It’s not up to him to “find money” for this purpose. That is not his job. The Constitution is explicitly clear about the President not having that power.
How could there be a conflict of interest? Were money being spent then it’s pretty obvious, but putting money in? I’m not saying I don’t see a problem here, but I don’t think existing law was written to handle this situation.
I doubt separation of powers is relevant since it hardly matters who “found” the donor or who’s “friend” they are. Had the president ordered a private citizen to make the donation (perhaps as a settlement with the DOJ or something) that would be different. If Trump did any favors for the money that would also be an issue, but that would be as hard to prove as bribery in the current system.
This response makes such little sense and is such sophist bullshit that it basically sounds like AI being stretched too far. Either that or it’s a motivated troll trying to muddy the waters, but then again, said trolls would be the ones using AI.
You don’t think there would be an expectation of getting something in return? That’s pretty naive. You’re basically assuming no favors were given, despite the fact that no information about that donor has beenade public, and Congress had no involvement in accepting the money. There was literally no oversight involved. When it comes to funding the military, that is illegal.
And the separation of powers is literally one of the foundations of US law. Each branch of government has its own separate responsibilities and the authority to carry them out. The other branches do not have crossover authority to simply take charge of what another branch is responsible for.
According to the Constitution the president does not have the authority to fund the government. That authority belongs to Congress, who are ultimately responsible to their constituents. It’s set up that way, so that the government…and in particular, the military…is ultimately responsible to the public. Not the president. He is the commander in chief…but the military itself belongs to Congress, who in turn answer to us.
If Trump just bypasses Congress in order to fund the military, then they no longer serve us. They serve him alone. And that is the definition of a dictatorship.
I didn’t say that. However, that’s not how it works legally. Unless there is a law specifically restricting deposits in that account, whatever ulterior motives might be involved are irrelevant. Proving bribery is also nearly impossible in our current system, without solid evidence that the transfer of funds was explicitly tied to the abuse of power.
I didn’t question it’s existence, only it’s applicability in this circumstance. We’re talking about a private citizen making a donation to a public fund. The president isn’t even involved except that they happen to be a “friend”. The separation of powers is irrelevant.
No. That’s exactly how it works, legally. It would be a violation of the Antideficiency Act. And to be clear, it isn’t about who can make a deposit…it’s about who has the authority to spend the money. That’s Congress, and only Congress. That’s why the separation of powers matters here. Without their approval, the president has no authority to use that money for any purpose, regardless of where it came from.
And by law, it has to be spent from that fund, which is under the explicit control of Congress. Using any other fund, is also illegal. There is no legal way for him to pay the troops without Congress. Period. That is the law.
So, all the way up and down, this is simply illegal.