Even if Trump is blatantly ignoring the Russia sanctions law, theres not a lot Congress can do [View all]

[ehrnst]

Last edited Wed Jan 31, 2018, 03:05 PM - Edit history (2)

The bashing of Dem leaders here on DU for "NOT DOING SOMETHING!!!!" should be tempered with and understanding of what the actual options are, especially for a party in the minority.

“I wouldn't necessarily say Congress is out of options,” said Cornell law professor Josh Chafetz, who recently wrote a book on Congress's tools for checking the White House. “I would say that, with Republicans controlling both chambers, it's less likely to utilize certain options.”

So what are those unlikely options? Let's run them down:

Congress could sue the president for allegedly breaking the law, but legal experts said courts tend to side with the executive branch on questions such as these. The sanctions law says Trump can avoid implementing them if he proves that Russia has made significant efforts to stop hacking into U.S. elections systems. It's not clear whether he's done that behind the scenes and the public just doesn't know about it.
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Congress's main power is the power of the purse. Lawmakers could try to withhold funding from the State Department until it implements the sanctions. But that's only slightly less risky than suing the president, because Congress could get blamed for handicapping U.S. diplomats. Plus, Congress has struggled since September to pass any budget, so this might be an empty threat.

The Senate could hold up judicial nominees, but that's also unlikely. The speedy rate at which Trump has nominated conservative judges and at which Senate Republicans have subsequently approved them was one of the party's potentially most lasting (if under-the-radar) accomplishments in 2017.

Congress could hold hearings designed to criticize and even embarrass the Trump administration about this decision. Consider it Congress's version of browbeating, Chafetz said. If Congress does anything at all, this is the likeliest option, and it could at least help lawmakers highlight their frustration with Trump's inaction.

https://www.washingtonpost.com/news/the-fix/wp/2018/01/30/even-if-trump-is-blatantly-ignoring-the-russia-sanctions-law-theres-not-a-lot-congress-can-do-about-it/