The report also noted that Biden had asked Congress in his fiscal 2022 budget request to cancel any “unobligated” funding, meaning money that hadn’t yet been contracted, for border barriers. “Cancellation of this funding can only be accomplished through a duly enacted law,” GAO said, adding that Biden can’t legally withhold the funding based only on his request.

“Nearly three years into a new administration, any further delay would pretty clearly be intentional disregard for following the appropriations statute as Congress drafted and the president signed,” Murphy said.

What’s the penalty if Biden violated the impoundment law? Murphy explained that GAO can sue to force compliance. “But the biggest consequence is political. Clearly and deliberately flaunting the will of Congress is generally not looked upon highly by Congress,” he said.

GAO said the Trump administration violated the act in withholding security assistance to Ukraine in 2019, a decision Democrats used in Trump’s first impeachment case.

As for Biden’s action on border wall spending, he said he still doesn’t think a wall is effective. Asked whether he thought a border wall “works,” Biden responded: “No.”