Robert Mueller Spent $4.5 Million On Russiagate Without A Congressional Appropriation

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Perhaps it’s a sign of the times, but many citizens don’t pay much attention to how the government keeps taxpayers’ checks from bouncing. The Constitution does, however. Congress—and only Congress—holds the power of the purse.

We might wonder, then, how Special Counsel Robert Mueller spends money. Congress has not specifically appropriated money to fund Mueller’s investigations and prosecutions. How, then, do Mueller’s checks clear? Recently, Mueller provided a little-noticed answer that raises serious legal and constitutional concerns.

Late last month, Mueller released a spending report. The report lays out the legal authority that Mueller claims to spend money. Mueller claims his spending is principally authorized by “the permanent, indefinite appropriation for independent counsels.” Muller claims “the [Department of Justice (DOJ)] has determined [that this appropriation] is legally available to fund” his investigation. Mueller cites a 2004 Government Accountability Office (GAO) opinionthat “this appropriation was legally available to fund special counsels.”

The permanent and indefinite appropriation is important to Mueller’s investigations and prosecutions. According to Mueller’s report, from October 1, 2017, through March 31, 2018, this appropriation accounted for $4,506,624 of Mueller’s spending. That’s about half of all Mueller’s spending during that time and all the spending during that time on salaries and benefits. (The remainder of Mueller’s spending is unreimbursed expenses incurred by other DOJ components—essentially money siphoned from other investigations.)

Mueller claims the authority for his spending is codified in statutory notes to Section 591 of Title 28 of the United States Code. These notes do state that Congress established “a permanent indefinite appropriation … within the Department of Justice to pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to the provisions of 28 U.S.C. 591 et seq. or other law.” The notes state that Congress did so in Title II of Public Law 100–202, December 22, 1987. Sure enough, Congress did. – READ MORE

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