WASHINGTON, D.C. – During a hearing of the Armed Services Committee, U.S. Senator Angus King (I-Maine) today argued that the Administration’s recent move to reprogram funds appropriated to military construction projects by the Congress in order to build his border wall “doesn’t hold any water” – adding he believes it amounts to an “illegal order”. Senator King has been a leading voice arguing against this violation of the Constitution’s innate separation of powers; in March, his questions to top Department of Defense officials helped secure a commitment to provide a list of military construction projects that could be put at risk in order to fund the wall. Senator King’s statements today came during the nomination hearings for Undersecretary Ryan McCarthy, nominee for Secretary of the Army, and Barbara Barrett, nominee for Secretary of the Air Force. 

“I believe you’ve been given an illegal order,” said Senator King. “I think what’s being done here is a gross violation of Constitution – and the fundamental principles of the Constitution, which is a separation of powers, and the bestowing of the appropriation and spending power of the Congress. Article 1 Section 9 could not be more clear: ‘No money shall be drawn from the treasury – no money shall be drawn from the treasury – but in consequence of appropriations made by law.’ That couldn’t be more clear.

“Now, the fig leaf that administration is using is Title 10, Section 2808, which talks about troops being deployed in a national emergency but even that doesn’t fit – because it says any expenditures in the taking out of military construction funds may be used for projects undertaken to support the troops. And this project has nothing to do with supporting the troops. They’re not talking about roads or barracks or defensive positions to actually support the troops.

“I want to see [the Department of Defense’s] legal opinion, because I just can’t believe it holds any water. And what shocks me, is the failure of this Congress to stand for its prerogative. If this goes through, it establishes a precedent that essentially transfers a significant portion of the powers of the administration – not just this administration, but any administration. We’re establishing a precedent that will haunt this institution for – I believe – many years. I appreciate that neither of you have a role in this, you’re doing what the chain of command reports, but I believe that it’s an illegal order, and therefore I’d like to see that legal opinion that justifies what’s going on here.

“…Maybe the President misstated, he meant to say that New Mexico is going to pay for the wall, not Mexico. Because that’s what’s happening here. And it’s not right, and it’s not in accordance with the provisions of the Constitution.”

Following these remarks, Senator King questioned the nominees on important modernization efforts, efforts to improve readiness, and the value of purchasing intellectual property during the acquisition process so the military can 3-D print replacement parts rather than rely on slower and more expensive supply chains.

As a member of the Senate Armed Services Committee and the Senate Select Committee on Intelligence, Senator King is recognized as a thoughtful voice on national security and foreign policy issues in the Senate. In addition to his committee work, he serves on the Congressional-Executive Commission on China, the Senate North Atlantic Treaty Organization (NATO) Observer Group, and the Cyberspace Solarium Commission.