Anyway, the legal eagles would have a big court fight on their hands if Trump does not quickly ante up $900 million for Schumer's project and half a billion to PP. The courts could very well rule that the Omnibus appropriations bill is a de facto budget and therefore that Trump cannot impound or divert funds.
Unless I'm very wrong, the president can impound or divert only funds related to those portions of the bill that have to do with or fall under the
direct purview of
the executive branch; he can't impound or divert funds falling under the
direct purview of Congress (reference Article I, Section 8 of the Constitution).
And in light of the point that Congress has already transferred a few too many of its former constitutional responsibilities to the executive branch, one would
and should be
very cautious in wishing to assign even further power to the executive branch.
Bear in mind: omnibus bills are really single bills that are combined when Congress can't (or won't) produce and pass individual appropriations bills
needed to operate the government. Had the single bills that made up the current omnibus been passed on Capitol Hill as individual bills, the president could sign
or veto each one on its own. As a single omnibus, the president can sign or veto the entire package but not strike away portions of it. The usual reasons for
Congress ending up putting the single bills into an omnibus are many; they generally include anything from partisan squabbling to disputes even between
members of one or another party, or even getting themselves occupied enough with other legislation that it becomes
oops, we gotta get the appropriations to
run the show done! The astonishing lack of a) transparency in composing the current omnibus and b) explicit interest from Donaldus Minimus in working
directly with Capitol Hill to negotiate the contents and dollars (the Artist of the Deal asleep at the switch?) continues to amaze. (
We have to pass the ominbus
so we can find out what's in it!)
