Monday, March 14, 2016

Poll: Rubio drops to third in Florida, days before big Tuesday primaries


Republican presidential candidate Sen. Marco Rubio has dropped to third place just days ahead of a crucial primary in his home state of Florida, according to a CBS News poll released Sunday.
The primary, among five Tuesday, is essentially a must-win for Rubio, who significantly trails front-runner Donald Trump and Texas Sen. Ted Cruz in the delegate count. And Rubio’s drop in the poll appears to be another indication that his campaign might soon come to an end.
On Sunday, he continued to criticize the violence at Trump rallies, saying the candidate and protestors share the blame.
"You have a leading contender for president telling people in his audience, ‘Go ahead and punch someone in the face. I'll pay your legal bills,’ ” Rubio said in Florida. “That's wrong if our kids did it. That is disastrous if a president does it.” He has also acknowledged that some of the protestors appeared to be paid.
The CBS News 2016 Battleground Tracker poll shows Trump -- who has several, popular golf-resort properties in Florida -- maintaining his lead in the state’s winner-take-all primary, in which 99 delegates are at stake.
The billionaire businessman has 44 percent of the vote among registered voters in the state, compared to Cruz at 24 percent and Rubio at 21 percent.
At a rally Sunday in Ohio, Trump tried to portray Rubio as an unpopular senator who was elected in 2010 to go to Congress but has since repeatedly missed votes to instead campaign and further his political career.
The poll, conducted by the YouGov an online polling group, shows Trump and Ohio Gov. John Kasich, the remaining GOP presidential candidate, in a dead heat in Ohio, at 33 percent. They are followed by Cruz at 27 percent and Rubio at 5 percent.
On Sunday, Trump hit Kasich at rallies, including one in the Cincinnati area, for voting as a congressman in favor of the roughly 20-year-old North American Free Trade Agreement that critics say has taken away millions of manufacturing jobs, especially ones in so-called Rust Belt states such as Michigan, Illinois and Ohio.
Kasich faces a similar situation as Rubio, needing to win in his home state to keep his campaign headed toward the GOP convention in July.
The popular governor has repeatedly vowed that he will win Ohio and that he will drop out if he loses the primary, in which the winner gets all 66 delegates.
Trump leads the delegate count 460, followed by Cruz with 370, Rubio with 163 and Kasich, who has yet to win a primary or caucus, with 63.
The three other states on Tuesday also holding primaries are North Carolina (72 delegates), Missouri (52 delegates) and Illinois (69 delegates.)
Trump also leads in Illinois -- 38 percent, followed by Cruz at 34 percent, Kasich at 16 percent and Rubio at 11 percent.
CBS said the numbers suggest Cruz is “emerging more generally in the minds of many non-Trump voters as the alternative to the frontrunner.”
While an “overwhelming number” of Trump supporters described him as “authentic and not beholden to big donors,” backers also described him as “too extreme at times,” according to the poll.
On the Democratic side, frontrunner Hillary Clinton has a big lead in Florida over rival Vermont Sen. Bernie Sanders, 62-to-34 percent, according to the CBS poll.
However, she leads Sanders by single-digits in Ohio, 52-to-43 percent, the poll show. And Sanders has a narrow 48-46 percent lead in Illinois.
Early voting in Florida's primary comes to an end Sunday, with more than 1.9 million voters having already made their presidential choice.
Republican voters far outnumber Democratic ones, according to the latest figures released Sunday by the state Division of Elections.
Republicans account for more than 1.1 million early voters, while about 819,000 Democrats have cast ballots.
Early voters are projected to account for at least half the total number expected to vote in Tuesday's primary.
Florida's closed primary is open only to those registered to one of the major parties.

Sunday, March 13, 2016

Political Rally Disruptors Cartoon


Wyoming and D.C. Leftist Is Winning with their Rally Disruptors

Rubio Wins in Washington

But in Washington, where Republicans are relatively rare and tend to work as lobbyists, lawyers and Capitol Hill staff members, Saturday amounted to what might be the establishment’s last chance to roar back at the angry anti-Washington masses who have dominated the electorate so far. The two so-called establishment candidates, Mr. Rubio and Mr. Kasich, won 37 percent and 36 percent of the vote, with Mr. Trump and Mr. Cruz far behind.
Long lines of men in khakis and women in standard-issue white dresses and pearls had snaked for hours through the one voting site, the Loews Madison Hotel downtown. They passed people handing out fliers for Mr. Rubio, the Florida senator, infants in strollers wearing “All-American Baby” onesies and the “Stop Trump” desk, where anti-Trump editorials from the country’s largest newspapers were on offer.
They also passed Vinnie Roma, 22, a Trump volunteer from Toms River, N.J., who wore a “Make America Great Again” hat and stars-and-stripes pants. (“They roll their eyes,” he said with a shrug.)
After voting in the presidential race, the Republicans also picked delegates from among choices including a former White House chief of staff, Josh Bolten, and several former ambassadors.
Nicholas Rodman, 29, a staff member of the House of Representatives, wore a Reagan-Bush ’84 ball cap and voted for Mr. Rubio. “He’s strong on national security, and he’s pro free-trade,” he said, echoing longstanding party orthodoxy.
J. J. Burke, 33, a consultant who works on the websites of Fortune 500 companies, said he preferred Mr. Kasich, the Ohio governor.
“I relate to him more, and he has legislative experience,” said Mr. Burke, 33, who wore a gingham shirt and blue blazer and joked that he was one of downtown’s “few young Republicans.”
Registered Democrats living in Washington outnumber Republicans more than 10 to one, but Patrick Mara, the executive director of the DC Republican Party, noted the national party had granted it 19 delegates to the convention, not an insignificant number considering that all of Florida, the biggest state voting on Tuesday and many times the size of the capital, has 99.
As a result, Mr. Mara said he was surprised candidates did not campaign here, though he acknowledged, “It’s hard to run here in a public way when you are spending your whole campaign running away from Washington.”
Wyoming represented the day’s other prize. Three of the state’s 29 delegates are unpledged state party officials, and only 12 delegates were contested on Saturday, with Mr. Cruz, the Texas senator, winning nine of them. The remaining 14 will be pledged at a state convention on April 16. Officials in Wyoming have begun studying whether to abandon their complicated voting system, which involves three separate elections, and move to a primary.
“We don’t see a lot of attention,” explained Tom Wiblemo, executive director of the Wyoming Republican Party.
But the Wyoming party’s chairman, Matt Micheli, pointed out that Mr. Cruz had visited in August, hosting a couple of large rallies on opposite ends of the state, and that the Cruz campaign had remained engaged throughout the primary season. Donald J. Trump never made it to the state, Mr. Kasich visited last year and Rubio surrogates held several events.
Saturday’s elections actually began on Friday evening, Eastern Time, in Guam, about 8,000 miles from Washington and on the other side of the international date line. About 300 Republicans met in a hotel ballroom there to vote to send nine delegates to the party’s convention in Cleveland.
The delegates are not yet officially pledged to any candidate, though one of them, the territory’s governor, Eddie Calvo, has endorsed Mr. Cruz. Mr. Cruz’s campaign had dispatched a surrogate on a five-week tour of the United States territories to win over their delegates, and the senator also sent Mr. Calvo a birthday cake in August.
On Saturday, a letter sent by Mr. Cruz to Guam’s Republican Party (“It’s Guam’s time,” it began) was read on the caucus floor, and the candidate’s wife, Heidi, called in to the ballroom, according to The Pacific Daily News. So did Mr. Kasich and Mr. Trump, who told the assembled Guamanians, “I understand the tourism industry better than anyone else who’s ever run for president,” and “I thought it was very, very important to call in. I didn’t want to give it to one of my assistants to do it. It’s very, very, important if we can get Guam and the delegates. And I will never forget you people.”
Democrats voted in the Northern Mariana Islands, a territory about 130 miles north of Guam. The island, which has seen the arrival of pregnant Chinese whom the local governor has called “birth tourists,” has about 50,000 American citizens. As in Guam, they cannot vote in the general election but can participate in the nominating contests.
Mrs. Clinton won four of the territory’s delegates awarded on Saturday, and Senator Bernie Sanders of Vermont took two.
Though Washington has only a nonvoting delegate in Congress (“Taxation Without Representation,” its license plates say), its residents do get to vote in the general election, as well as during the primary season.
At one point Saturday, the line outside the Loews Madison curved around the block, prompting Ben Ginsberg, a prominent lawyer who was national counsel to Mitt Romney’s presidential campaign, to joke about “voter suppression.”
As he walked to the back of the line, he waved to prominent Washingtonians he knew by name. But when asked whom he supported, Mr. Ginsberg played coy, insisting he was less interested in voting for president than for the delegates themselves.
“I’m voting for my friends,” he said.

Ryan, GOP House budget vows seem paralyzed by angst over GOP White House battle

Another Establishment Guy?
The Cuyahoga River, which slices through downtown Cleveland twice, caught fire in the 1950s and 1960s.
There is so much dread and acrimony about the GOP presidential contest, one wonders if the Republican convention in Cleveland could be the scene of a similar conflagration.
Talk of a brokered or contested convention abounds. Angst paralyzes some Republican lawmakers about the prospects of Donald Trump or Sen. Ted Cruz, R-Texas, heading the GOP ticket. There’s worry about outright discord and no clear winner come convention time.
Is it any wonder some Republicans briefly launched an effort to recruit House Speaker Rep. Paul Ryan, R-Wis., to seek the presidency?

Former U.S. Ambassador to Finland Earle Mack wanted to garner one million online signatures to compel Ryan to run.
“If you do not get 1,238 delegates on the first ballot, then the confusion starts. The chaos starts,” Mack told the Fox Business Channel. “Because of the disarray, they would need someone to heal it. And that would be Paul Ryan.”
The speaker’s political team wasn’t amused. Ryan’s counsel, Timothy Kronquist, sent a letter to the Federal Election Commission on Monday disavowing the organization.
Kronquist followed up with a cease-and-desist letter Thursday to the pro-Ryan group. The dispatch accused the outfit of giving voters the impression its activities are “in coordination with Speaker Ryan.”
Kronquist noted that Ryan repeatedly said he isn’t running for president.
Of course, Ryan was also adamant that he wasn’t running for speaker of the House …
Until he was.
An effort to quash political activity even if Ryan doesn’t support the draft effort?  Weren’t Republicans lathered up when they accused the IRS of trying to temper political activities? Where’s Lois Lerner?
By Friday afternoon, the pro-Ryan group halted its efforts. It issued a statement saying the recruitment mission “could become an unwanted distraction from the Speaker’s current responsibilities.”
However, the group argued that “in an open convention, the best person to lead our country would be Speaker Paul Ryan.”
Ryan’s done all he can to distance himself from chatter of a brokered convention.
“That’s ridiculous,” Ryan exclaimed in January when asked about the likelihood of the brokered convention scenario. When asked if he could guarantee there wouldn’t be a fight in Cleveland, he replied “How would I know?”
House Minority Leader Rep. Nancy Pelosi, D-Calif., knows the risks Republicans would face at a multi-ballot confab.
“If they think that they’re going to upset the verdict of the people in terms of the elections, that can really be opening a very big Pandora’s Box,” she said. “I think that you change that to your peril.”
The GOP’s political consternation over the top of the ticket translates to a legislative frailty on Capitol Hill.
This angst and division in the party is crystalized in the current fight in Congress to approve a budget -- and maybe spending bills later this year.
“We believe we have an obligation, a duty, to offer another way forward. To offer an alternative,” Ryan said in January.
Ryan talked repeatedly about how “Americans want progress” and said he’s “really excited about “being bold.”
He codified 2016 is “a year of ideas.” The speaker said he wants to “offer our fellow citizens solutions.”
Lofty rhetoric. But the GOP is struggling with the budget. No budget and it’s hard for Congress to crank through the 12 annual spending bills that fund the government.
These can be the basic -- at times boring -- mechanics of Congress. And it’s challenging to match soaring talk about agendas and ideas when the oratory of the Republican presidential frontrunner focuses on the size of his jockstrap.
The success of Donald Trump and recalcitrance of House conservatives is now giving Ryan the same headaches encountered by former Speaker John Boehner, R-Ohio.
"Speaker Ryan is the ultimate optimist, and the job has only energized him," spokeswoman AshLeeStrong said Saturday.
Republicans may yet try to advance an annual budget through committee next week and on the House floor later this month. Rank-and-file House Republicans huddle in the Capitol basement late Monday afternoon to assess matters.
Moving soon is important if the House is to actually knock out spending bills this year and truly legislate.
That would prevent cramming everything into an ugly, omnibus measure in December. But a failure to move any sort of budget doesn’t match Ryan’s bold agenda talk. It could be a significant embarrassment for the speaker since he’s touted as the “numbers” guy.
In fact, the die for Ryan and this budget may have already been cast the day before he became speaker.
Last October, the House voted 266-167 to establish topline spending numbers for the current budget cycle and the one that now stymies the House.
Boehner engineered that agreement with President Obama. It set the annual appropriations figure (often called “discretionary” spending) for fiscal 2017 at $1.070 trillion. That meant Congress would then fillet the $1.070 trillion among the 12 annual spending bills to run the government.
But examine the October, 28, 2015, roll call. Of the 266 yea votes, Republicans only provided 79. Boehner and Ryan were among that group.
Now, conservatives demand Ryan boot the $1.070 trillion figure in favor of $1.040 trillion.
If the leadership had the votes, they would have moved the budget through committee and onto the floor a few weeks ago.
House Majority Whip Rep. Steve Scalise, R-La., whipped the budget last week. There’s no formal green light just yet despite a hope of action soon.
Rep. Bill Flores, R-Texas, chairman the Republican Study Committee, the largest bloc of conservatives in the House -- roughly 170 members of the 246 member House GOP conference.
“I have not backed off,” Flores said. “I’m not endorsing $1.070 trillion.”
However, he did say a plan which helped with broader savings -- even while sticking to $1.070 trillion -- might be worth considering.
“You have to look at the whole picture,” Flores said.
There are also political considerations. A number of incumbent Texas Republicans were jumpy about their primaries earlier this month. There was concern that voting for a budget at the higher level could lend ammo to their opponents.
But all Texas GOPers won and avoided runoffs. So, the delay may help.
Ryan still hasn’t solved the most-pervasive problem in the House Republican Conference. It’s an issue that dogged his predecessor.
“There are about 100 people here who would vote no and hope yes,” said one knowledgeable source.
That flies in the face of a memo Scalise penned to his colleagues in November.
“Too many in our conference are falling into the pattern of voting no on tough bills while actually hoping the bill passes because they know that the outcome will be even worse if the bill fails,” he wrote.
Failing to adopt a budget cripples the House from completing most spending bills. No bold agenda there. And it’s awkward for Republicans -- and Ryan in particular -- who browbeat Senate Democrats for not adopting budgets.
Members of the House’s ultra-conservative Freedom Caucus would like $30 billion in immediate cuts to entitlement programs such as Medicare, Medicaid and Social Security. It is unclear how such cuts could impact current beneficiaries.
GOP Rep. Dave Brat, R-Va., wants to slash the entitlements in appropriations bills, though that violates the much-vaunted “regular order” by running afoul of multiple budget rules and regulations.
“I am a strong supporter of cutting mandatory spending, just not on Appropriations bills,” said Appropriations Committee Chairman Hal Rogers, R-Ky. “Any such attempt would stop the appropriations process in its tracks -- risking the passage of appropriations bills in the House, in the Senate, and most certainly White House approval.
“This would ultimately lead us once again to Continuing Resolutions and an omnibus, which is the opposite of the ‘regular order’ we are all seeking to achieve.”
It’s typical to alter entitlements via a special budget process called “reconciliation.” Reconciliation usually comes later in the year. But the House can’t employ the reconciliation maneuver unless it approves a budget. Still, Brat and other conservatives are skeptical about waiting.
“I prefer to see (changes) in appropriations because they come first,” he said. “I have to see it in writing.”
Rep. Mo Brooks, R-Ala., is also unimpressed.
“I haven’t heard anything that would change my mind,” he said. “It’s always a hope and a prayer. All other hopes and prayers have failed.”
Brooks was not concerned about demands for “regular order,” though some approaches floated by Freedom Caucus members seem to deviate from doing things by the book.
“I’m not concerned with the process,” Brooks said. “I’m concerned with substance.”
This boils down to a math problem. A scant 79 Republicans voted for the $1.070 trillion budget deal in the final hours of the Boehner regime. Ryan is now trying to convert 79 into 218 yeas to pass a budget. The math might not work.
All the while, there’s rhetoric of big ideas and a big agenda ahead of the convention and election. And if the House is impaired legislatively, there are questions if the talk rings hollow.

In Saturday balloting, Clinton wins islands caucus, Rubio wins in D.C., Cruz wins majority of Wyo. delegates at stake

Rubio & Cruz are not winning, the Left is.
Democrats and Republicans are balloting Saturday in a mix of primaries and caucuses in Wyoming, the District of Columbia and a U.S territory.

The Associated Press declared Sen. Marco Rubio the winner of caucuses in heavily Democratic Washington, D.C. The turnout of just several thousand voters is so small that balloting has been limited to one downtown hotel. However, 19 delegates were stake.
It's the third presidential contest victory for the Florida senator. Earlier this month, Rubio won the GOP caucuses in Minnesota and the party's primary in Puerto Rico.
Rubio picked up 10 delegates with his Saturday caucus win in the nation's capital. Runner-up John Kasich was just 50 votes behind Rubio, and the Ohio governor will get nine delegates.
None of the other candidates in the race won enough votes to earn any delegates.
However, 2016 GOP frontrunner and anti-establishment candidate Donald Trump last week won the D.C. Republican Party’s straw poll.
Kasich on Saturday delivered his harshest criticism yet of Trump, saying at a rally in Heath, Ohio, that he has "had it" with the "toxic" nature of Trump’s campaign.
"Why don't we talk about our vision?" Kasich asked attendees at the town-hall style event. "Let's not try to separate people from one another."
Democratic frontrunner Hillary Clinton on Saturday won the party’s caucus in the Northern Mariana Islands, the U.S. territory in the Pacific Ocean, near Guam.
Clinton received 54 percent of 189 votes cast to earn four of the six delegates at stake. Rival Vermont Sen. Bernie Sanders won the two remaining delegates. Results are expected later on the GOP side from Guam.
In Wyoming, Republicans held caucuses to select the state's first 12 presidential delegates. They will choose 14 more delegates at their state convention in mid-April. The other three are the state GOP chairman, national committeeman and national committeewoman.
Texas GOP Sen. Ted Cruz was the only active Republican candidate to have campaigned in the state, which will bring a total of 29 delegates to the national convention this summer.
Cruz won most of the delegates at stake in Saturday's Republican county conventions in Wyoming.
Cruz won nine of the 12 delegates that were up for grabs. Florida Sen. Marco Rubio and billionaire businessman Donald Trump won one apiece. One delegate was uncommitted.
The Associated Press is not declaring a winner in Wyoming on Saturday because another 14 of the state's delegates will be awarded at the party's state convention on April 16.
The candidates this weekend are largely looking ahead to the five primaries on Tuesday, including the essentially winners-take-all contests in Ohio and Florida that will likely be make-or-break for Kasich and Rubio.
And big wins by Trump, who leads Rubio in Florida, could be decisive in his march to the party nomination. Trump has a single-digit lead over Kasich in Ohio, according to the RealClearPolitics poll average.
The other states holding primaries Tuesday are Missouri, North Carolina and Illinois.

Thomas Dimassimo barrier jumper




Trump threatens to 'press charges' against protesters after latest chaos



Republican presidential front-runner Donald Trump said he was “going to start pressing charges” against the protesters who kept interrupting him on the campaign trail on Saturday.
Following Friday night’s unrest in Chicago before one his rallies, Trump was met with protests and countless interruptions in Ohio and Missouri.
“I hope they arrest these people, because honestly they should be,” Trump said to cheers from the crowd. “The only way to stop the craziness is to press charges.”
The Chicago Police Department said in a news release sent Saturday night that three men from Chicago and a 45-year-old woman from Michigan were arrested and charged for participating in a disturbance at the protest Friday night.
At a rally in Dayton, Ohio, Saturday, a man tried to breach the security buffer at the event and he was removed “rapidly and professionally,” Trump spokeswoman Hope Hicks said. Secret Service agents rushed the stage to protect the billionaire business mogul.
Thomas Dimassimo was identified as the barrier jumper. He was charged with inducing panic and disorderly conduct, Montgomery County Sheriff Phil Plummer said.
Trump’s path continued onto Kansas City, Mo. where he was interrupted numerous times. At least seven individuals stalled the rally in the first few minutes.
"I think they're Bernie [Sanders] supporters," Trump said of the protesters, pointing to at least one protester the Republican frontrunner said was holding a sign in support of the Democratic presidential candidate.
Trump canceled his rally at the University of Illinois at Chicago on Friday after violence broke out in the arena where he was scheduled to speak. He spoke later to Fox News, saying he canceled the event because he didn’t want to see “people get hurt.”
He said he made the decision to cancel after meeting with law enforcement authorities. Trump also said his First Amendment rights had been violated.
Hours earlier, Trump supporters and opponents stood calmly in a line together waiting to get inside. Police horses and barricades kept the bulk of the demonstrators across the street.
Trump opponents were protesting what they called his divisive comments, particularly about Muslims and Mexicans. Dozens of UIC faculty and staff had petitioned university administrators to cancel the rally, citing concerns it would create a "hostile and physically dangerous environment."
At one point, nearly 20 officers who had been manning barricades suddenly bolted for an intersection across a street bridge over a freeway -- where protesters shouted at and jostled with police already there. An officer was seen walking from that intersection with blood on his head.
For Sunday, Trump is expected to make a stop in Bloomington, Illinois. He is expected to be met with more protests and local officials said they would be deploying extra police.

Saturday, March 12, 2016

More Black than White Cartoon



Republican lawmakers slam 'diversion' of ObamaCare funds from Treasury


Republican critics say an ObamaCare program is breaking the law by shorting the U.S. Treasury -- and therefore U.S. taxpayers-- billions of dollars collected from the insurance industry.
Rep. Joe Pitts, R-Pa., chairman of the health subcommittee of the Energy and Commerce Committee, called it “an illegal wealth transfer from hard-working taxpayers to (insurers).”
He recently joined Republican colleagues in grilling Health and Human Services Secretary Sylvia Burwell about the shortfall of money  supposed to be flowing into Treasury coffers - as mandated in the Affordable Care Act of 2010.
They followed up that hearing by sending a letter this week seeking clarification from the administration, according to The Hill.
Under the law, money is collected each year from insurers for the ACA’s reinsurance program, which helps plans taking on higher costs associated with sicker enrollees.
While $10 billion was supposed to go back to the market to pay those costs in 2014, the first year, an additional $2 billion was supposed to go to the U.S. Treasury under the law. It never arrived.
That was because not enough money was brought in to cover both, so the administration prioritized. Then HHS published a new rule saying payments would be made to insurers first in the event of a shortfall.
The rule, set in 2014, was published publicly for comment and received no reaction at the time, Burwell told a Senate Appropriations Committee hearing when the matter was raised again by lawmakers last week.
According to health care law expert Tim Jost, a professor at Washington & Lee University School of Law, the reinsurance program is not permanent and was instituted as a way to shoulder some of the burden for the new costs connected with new, at-risk enrollees who weren’t able to get adequate coverage before ObamaCare.
The reinsurance program was to collect $10 billion from insurance companies in 2014, $6 billion in 2015, and $4 billion in 2016. The Treasury would get $2 billion in 2014 and 2015 and $1 billion in 2016.
In 2014, according to reports, only $9.7 billion was collected from the industry , and 2015 totals were expected to be short, as well.
Critics say the law is clear: the Treasury gets the money and it cannot be transferred elsewhere, even if that “elsewhere” is to the insurance companies for the reinsurance program.
According to The Hill, presidential candidate Sen. Marco Rubio, R-Fla., teamed up with Sen. Orrin Hatch, R- Utah, to write a letter decrying the administration’s moves.
“The statute in question is unambiguous, and the HHS regulation and recent practice violates its clear directive,” the letter read.
Jost is not so sure. He says it all depends on how the mandate is interpreted. “(The administration’s) reading of the statute is, that the reason for adopting this program was to establish a reinsurance program, and therefore if there was a shortfall the money collected should first go to reinsurance,” and if more is collected, “only then would it go to the Treasury,” Jost told Foxnews.com. “(Republicans) say that reading is wrong.”
“It’s a disagreement on how to read the statute,” he added, “but I don’t think there is anything illegal, unconstitutional or immoral in respect to what the administration is doing.”

Senators accuse State Dept. of defying Congress with $500M UN climate payment


Two Republican senators are accusing the State Department of misusing taxpayer dollars by green-lighting $500 million for a United Nations climate change program without first obtaining congressional approval.
The senators now are demanding the department justify the “cloak-and-dagger” contribution to the Green Climate Fund (GCF) – even threatening legal action.
“Lawyers cannot replace the constitutional requirement that only Congress can appropriate money,” Sen. Cory Gardner, R-Colo., said, adding that he’s demanding a “full legal analysis.”
Gardner, in a statement to FoxNews.com, alleged the department was trying to “wave a magic wand and write a half-billion dollar check to a Green Climate Fund that they admit was never authorized by Congress.”
He also vowed to “pursue legislative action that prevents cloak-and-dagger re-programming of money outside of congressional approval.”
At the center of the dispute is whether the State Department abused its authority in shifting funds between an existing program and the climate fund.
The Obama administration – despite resistance from congressional Republicans -- has committed the U.S. to contributing $3 billion to the fund, a program established by the United Nations to help poor countries adopt clean energy technologies to address climate change. Nearly 200 other nations have agreed to provide $100 billion per year by 2020, from private and public sources.
Along with Gardner, Sen. John Barrasso, R-Wyo., maintains Congress has not allocated any funding for what he calls the “international climate change slush fund” and has in fact “prohibited the transfer of funds to create new programs.”
The State Department acknowledges the funding was never explicitly approved by Congress – but argues the department was within its authority to shift funding to the Green Climate Fund, because Congress did not explicitly prohibit funding the GCF.  
Under questioning by Barrasso at a March 8 Senate Foreign Relations Committee hearing, Deputy Secretary of State for Management and Resources Heather Higginbottom told the committee the funds were diverted from the department’s Economic Support Fund -- which provides economic funding to foreign countries -- to the GCF after a full review by department lawyers.
State Department spokeswoman Katherine Pfaff also confirmed to FoxNews.com the source of the funding was the economic fund, but could not say from which exact program the money came.
And she bluntly addressed the GOP senators’ accusation. “Did Congress authorize the Green Climate Fund? No,” she said, adding that department lawyers “reviewed the authority and the process under which we can do it."
The administration, meanwhile, has requested another $750 million for the GCF in its fiscal 2017 budget.
Higginbottom also insisted they were not required to notify Congress about the transfer from the Economic Support Fund.
At the hearing, though, Barrasso said the first installment of the $3 billion pledge was “a blatant misuse of taxpayer dollars.”
Barrasso said because the GCF technically is a new program and not authorized by Congress, the department may have violated the Anti-Deficiency Act, a law that prohibits federal agencies from obligating or expending funds in advance or in excess of an appropriation.
According to Politico, Barrasso is prepared to go to court over the issue and to seek prosecution of individuals if they are found to have violated the Anti-Deficiency Act.
The Wyoming senator’s communications director, Bronwyn Lance Chester, confirmed to FoxNews.com that “all options are being considered.”
The department may have been able to effectively use a loophole to contribute the money – namely, because Congress did not include specific language barring spending to the GCF. Analysts say this dispute could have been avoided if Congress had simply included a specific prohibition on spending for the climate fund.
“The problem is that the horse has already left the barn. There was not a specific line item in the budget prohibiting spending on the GCF. I am sure [State Department lawyers] have come up with some creative way to fund it, but it would not be an issue if Congress had explicitly prohibited it,” said H. Sterling Burnett, a senior fellow with the Heartland Institute.
Senate Republicans backed away from including a specific rider in last year’s omnibus bill after President Obama threatened to veto if such a rider were included.
“They were gutless,” said Burnett, who noted the first installment is a “drop in the bucket” when compared with the $3 billion.
Because the omnibus spending bill was silent on the GCF, the White House argued this left the door open for the administration to fund the U.N. program. White House spokesman Josh Earnest said in December “there are no restrictions in our ability to make good on the president’s promise to contribute to the Green Climate Fund.”
Gardner and Barrasso also were signatories to a letter sent last year to Obama asserting the deal reached at a United Nations climate change conference in Paris, including the $100 billion-a-year Green Climate Fund, must be submitted to Congress for approval before any funding could be made.

CartoonDems