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The unredacted emails between Defense Department and Office of Management and Budget officials revealed that between June and September — when the Ukrainian aid was ultimately released following the whistleblower's complaint — the Defense Department repeatedly asked the OMB why the military aid was being held up.
The unredacted emails were secured through a lawsuit under the Freedom of Information Act launched by the Center for Public Integrity. The DoD warned several times that continuing to withhold the aid violated the Impoundment Control Act, which stipulates that if the federal funds are not spent on their designated purpose within a certain period, they will be taken, or impounded, by the Treasury Department.
The timeline of Trump's impeachable acts, and the DoJ sloppy attempt at a cover-up:
● June 19, OMB aide, Robert Blair, learned that Trump was questioning the delivery of the aid package, at which point Blair told Russell Vought, the acting head of the office, that "we need to hold it up."
● That day, another OMB official, Michael Duffey, emailed the acting Defense Department comptroller, Elaine McCusker, and copied Mark Sandy, an OMB official on national-security programs, to ask if she had "insight on this funding."
● After McCusker explained on June 25 which companies were producing the military equipment and said that only $7 million of the Pentagon's $250 million part of the package had been spent, Blair told Mick Mulvaney on June 27 that they should "expect Congress to become unhinged" by withholding the aid.
● July 25, Sandy officially froze the Ukraine aid. This was also the day Trump spoke with President Zelensky on the phone and asked him to launch a bogus investigation on Joe Biden and his son. Shortly after Trump's call, Duffey emailed several Pentagon officials and asked them to "please hold off on any additional DOD obligations of these funds." He requested that the recipients keep the directive "closely held to those who need to know" because of "the sensitive nature of the request."
● McCusker replied that same day and asked whether the OMB had cleared the hold with the Defense Department's lawyers. This was the first sign of the Pentagon's concerns about the legality of withholding the aid.
● July 26, John Rood, the head of policy at the Pentagon, emailed Defense Secretary Mark Esper a readout of a meeting in which top national-security officials voiced their "unanimous support" for sending the security assistance. On August 9, McCusker warned Sandy, Duffey, and other senior OMB officials that if the aid was not released soon, it might affect the "timely execution" of the program. "We hope it won't and will do all we can to execute once the policy decision is made, but can no longer make that declarative statement," she wrote. The DOJ redacted this warning from McCusker, which, notably, contradicted the OMB's talking points.
● August 12, when it became clear that Trump would continue the aid freeze, McCusker emailed Duffey and asked him to include language in a footnote in a budgeting document to reflect the growing risk of withholding funding. The language was not included, and the request was redacted in the initial document release.The DOJ also redacted several emails from McCusker near the end of August raising additional legal questions about withholding the aid and the possibility that Trump's actions violated the Impoundment Control Act.
● August 28, after Politico publicly revealed the aid freeze, the OMB's general counsel, Mark Paoletta, sent around talking points including that "no action has been taken by OMB that would preclude the obligation of these funds before the end of the fiscal year."
● McCusker pushed back, writing: "I don't agree to the revised TPs — the last one is just not accurate from a financial execution standpoint, something we have been consistently conveying for a few weeks." Her response was initially redacted.
● As September came around, McCusker raised concerns about whether the Defense Department would be "adequately protected from what may happen as a result of the Ukraine obligation pause." She added, "I realize we need to continue to give the WH as much decision space as possible, but am concerned we have not officially documented the fact that we can not promise full execution at this point in the fiscal year."
● September 9, Duffey sent McCusker a misleading email suggesting that if the president greenlighted the aid but the Pentagon was not able to obligate the funding, it would be on the Pentagon and not the OMB.
● McCusker responded: "You can't be serious. I am speechless."
● September 11, after Congress became aware of a whistleblower's complaint accusing Trump of "using the power of his office to solicit interference from a foreign country" in the 2020 election, Duffey emailed McCusker and said the president had lifted the hold on Ukraine's military aid.
● "Glad to have this behind us," he wrote.
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