The White House has a shutdown escape hatch — but it's likely illegal

White House Exploits Shutdown for Unprecedented Cash Grab, Possibly Breaking Law

In an unprecedented move, President Donald Trump and his budget chief Russell Vought are pushing the limits of federal spending to keep priority projects funded during the ongoing government shutdown. While Republicans would typically rely on Congress to find a solution, they're instead taking advantage of the situation to seize control of the purse strings.

The White House has been transferring revenue from tariffs to fund essential programs like WIC and even military salaries, sparking concerns over whether this is breaking the law. Federal shutdowns occur when funds run out at the end of a fiscal year, but Congress can authorize transfers if they're permitted by law. The issue lies in the fact that these transfers aren't always explicitly authorized.

Vought's Office of Management and Budget has been searching for creative ways to keep Trump's priorities funded. Earlier this month, they announced transferring tariff revenue to fund WIC, which helped minimize political backlash against claims that the administration didn't care about mothers of newborns going hungry. However, more concerning was the message posted by OMB: "Pay the troops, pay law enforcement, continue the RIFs, and wait."

This move deviates from usual procedures, where lawmakers would be looking for a congressional off-ramp to end the shutdown. Instead, Trump is taking matters into his own hands, authorizing Defense Secretary Pete Hegseth to use funds for military pay and allowances without explicit Congressional approval.

The Antideficiency Act, passed in 1870, prohibits federal officials from spending money not explicitly authorized by Congress. This law carries severe penalties for those who break it, including criminal charges. However, parsing the exact limits on how these funds can be used remains a challenge even for experts.

Some argue that Vought may have found a loophole in a 1935 law regarding the secretary of agriculture's ability to use "gross receipts from duties collected under the customs laws." While this might apply to WIC funding, it's unclear whether this would stand up in court. The White House seems intent on pushing the limits further, as evident from their decision to pay roughly 1,800 FBI agents during the shutdown.

Critics are left wondering how much money will be allocated for these favored programs without clear justification or Congressional approval. As long as funds keep flowing to Trump's priority projects, he'll continue treating the Treasury like an ATM – a concerning development in an already strained relationship between the executive and legislative branches.

I'm kinda worried about this White House move They're basically taking control of the purse strings without Congress' explicit approval... that doesn't sit right with me I mean, I get that they want to keep essential programs funded, but is it worth breaking the law? The Antideficiency Act is there for a reason, and if Vought thinks they've found a loophole, I hope they're prepared for some serious scrutiny

It's also concerning that they're using tariffs as an excuse to fund these programs I get that it's a way to minimize political backlash, but at what cost? The fact that they're treating the Treasury like an ATM is not exactly reassuring And what about the FBI agents who got paid during the shutdown? Were those funds explicitly authorized?

I think we need to have a more nuanced conversation about how federal spending works and the limits of executive power It's great that they want to keep essential programs funded, but let's do it in a way that respects the Constitution and avoids breaking the law

I feel so frustrated with what's going on with the government shutdown . I get that they're trying to get things done for certain groups, but it feels like they're just taking advantage of the situation to line their own pockets . I mean, who is the US Treasury again? Just kidding, sort of. But seriously, if they're using tariffs revenue without explicit approval from Congress, that's not right .

I'm worried about what this might set a precedent for in the future. Are they going to just start making up their own rules and funding whoever they want? That would be so unfair to all the other programs that need funding too. And what about the people who are getting paid during the shutdown, like law enforcement officers? Is it really okay to take money from them without a clear justification?

I wish we could have a more transparent and fair system where everyone knows exactly how funds will be allocated and who gets funded . Right now, it feels like the White House is just treating the Treasury like an ATM, which isn't cool . Can't we find a better way to get things done without being so shady?

I don't get why they're just taking money from tariffs and giving it to whoever they want. I mean, what's next? They're gonna start using our tax dollars for their own personal projects . And what about all those laws we have in place to stop this kind of thing from happening? It sounds like they're just making up rules as they go along. This is a big deal, folks! We need to keep an eye on this and make sure nobody gets too creative with our money .

[Diagram of a balance scale with one side showing money pouring in, while the other shows a worried-looking face ]

omg this is wild ... so basically trump's just using the shutdown as an excuse to fund his pet projects without congress agreeing on it . like, i get it priorities and all that but come on, can't we have a conversation about this instead of just winging it?

[ASCII art of a seesaw with the words "Law" and "Executive Power" on opposite sides]

anyway, the thing is the antideficiency act is pretty clear that federal officials can't spend money without explicit congress approval. but vought's office seems to be finding creative ways to get around that . i'm no expert but this whole thing just smells like a power grab to me

[Diagram of a timeline with major events marked, including the shutdown and various transfer decisions]

it's not just about the money tho, it's also about setting a precedent. if trump keeps pushing the limits like this, what's next? can we trust that he'll follow the law or will he just keep finding ways to exploit loopholes?

omg this is getting crazy ! so they're basically taking money from tariffs and using it to fund programs without explicitly asking congress for permission? that's not how it works . but at the same time, i can kinda see why they'd do it - all these priorities need funding ASAP, right? and trump is trying to show that he's still in charge even though there's a shutdown . but seriously, what if this is breaking some kind of law? wouldn't that be bad news ? i hope there are some experts who can figure out the loopholes (or lack thereof) and make sure nobody gets in trouble . anyway, it's all pretty shady right now

I gotta say, this is some shady stuff right here. The White House thinks it can just use tariffs as cash and nobody will notice? That's not how it works. They're basically breaking the law and using the shutdown to get whatever they want. It's like they're treating the Treasury like a ATM machine . And what's with all these "creative solutions" from Vought's office? This isn't about finding ways to fund essential programs, this is about Trump getting his priorities done no matter what.

And let's be real, who are they paying? 1800 FBI agents during the shutdown? That's just ridiculous. They're basically saying we'll pay you anyway if you do our bidding. I'm not sure what's more concerning, the fact that they might actually get away with it or that this sets a really bad precedent for future administrations.

The Antideficiency Act is clear: no spending without explicit Congressional approval. But the White House seems to think it's just a suggestion . Newsflash: it's not a suggestion. It's the law, and they need to follow it. This whole thing is just a big mess, and I don't see how it ends well for anyone but Trump and his team.

omg what's going on with trump they're basically using the shutdown to just take whatever cash they want without congress even knowing about it and now they're getting slammed for breaking the law apparently there's this one law from 1870 that says federal officials can't spend money without explicit approval but they're trying to wiggle out of it by saying its okay because of a older law from 1935 idk how all this works but it sounds fishy to me and meanwhile they're just keeping on funding their favorite projects like wic and military salaries without any oversight at all

I don’t usually comment but it seems like the White House is getting really cozy with using tariffs as a way to fund essential programs during the shutdown . I get that they want to keep Trump's priorities funded, but this feels like a power grab in the worst possible light . The Antideficiency Act is clear about what can and can’t be spent without explicit Congressional approval, so it’s weird that Vought is just making things up as he goes along . And who decides which programs get priority funding anyway? It feels like a slippery slope where the President becomes the de facto treasurer of the country . Not sure if this is breaking any laws or not, but I do know it's definitely raising some red flags .

this is so shady , i mean come on, using tariffs to fund programs is one thing but doing it without explicit approval from congress? that doesn't sound right at all , and what's with the message about paying troops and law enforcement? it sounds like they're trying to play both sides against each other . i'm not sure what kind of loophole vought is trying to find here but if he breaks the law, he'll be in big trouble , and honestly, who cares about wic when there are more pressing issues at hand?

I'm low-key shook by this move . The White House is basically using the shutdown as an excuse to get whatever it wants without Congress having a say in it. I mean, I get that they're trying to protect certain programs, but come on, there's gotta be a better way to do it than just breaking the law . This kind of thing can create a lot of tension between the branches and make a mess of things. What's next? Is the White House gonna start printing its own money?

idk about this whole thing lol what's up with all these government shutdowns tho? can't they just make a budget or something? anyway i heard the white house is using tariffs to fund programs... isn't that like, not cool? shouldn't they just ask congress for permission or something? and btw has anyone else noticed how expensive it is to live in dc?

omg u guys can't believe what's going on ! so the white house is basically using the gov shutdown as an excuse to just grab all that cash they need for their favorite projects and just not care if it's breaking the law like wut? i'm not even mad about the moms of newborns needing help but come on, this is so not how it works meanwhile trump is all "pay the troops" and stuff like he's some kinda superhero ‍ and honestly it's just getting old how they're using loopholes to get away with things...anyway, i guess we'll just have to wait and see if they actually get caught

THE WHITE HOUSE IS GETTING A BIT TOO COMFY WITH THE TREASURY, IMHO ! THEY'RE PUSHING THE LIMITS OF WHAT'S ALLOWED AND IT COULD BE A BIG MESS IN THE MAKING . I MEAN, WHO NEEDS CONGRESS WHEN YOU CAN JUST USE THE TREASURY LIKE YOUR OWN PERSONAL ATM? IT'S NOT ABOUT FINDING A LOOPHOLE, IT'S ABOUT BREAKING THE LAW . THE ANTIDEFICIENCY ACT IS IN PLACE FOR A REASON AND IF THEY KEEP GOING DOWN THIS ROAD, WE COULD SEE SOME SERIOUS PENALTIES COMING THEIR WAY .

The White House is literally using the shutdown to break the bank . They're basically taking money from one place and putting it into another without asking Congress first. I mean, come on, is this really how they want to do things? It's not even like they're trying to hide it, but at the same time, who knows what laws are actually being broken here? The Antideficiency Act is super clear that no one can just spend money without Congress saying so. I hope someone checks this out and puts a stop to it before things get out of hand... or should I say, before Trump's spending habits go into overdrive .

omg what is going on with this shutdown ! so the white house is basically using tariffs as an excuse to grab all this cash for their own programs it's like they think congress doesn't have anything better to do than sit around twiddling their thumbs while trump does whatever he wants anyway i'm not a lawyer or anything but isn't that breaking some kind of law? didn't we learn about the antideficiency act in school or something? it's wild how they're just pushing the limits and hoping no one calls them out on it

The White House is basically using the shutdown as an excuse to get what they want, you know? Like, Trump and Vought are basically saying "we don't need Congress's approval" and just taking it upon themselves to decide who gets funded and who doesn't. It's like a game of musical chairs, but instead of music, it's about who's in charge and who gets the cash.

And let's be real, if they're using tariff revenue to fund WIC and military salaries without explicit approval, that's basically breaking the law. The Antideficiency Act is clear as day - no one is supposed to spend money without Congress saying okay first. But Vought is all like "oh, I found a loophole" and just going rogue. It's not cool, guys.

The thing is, this sets a super bad precedent. If Trump keeps using the shutdown to get what he wants, it's gonna be a real challenge for Congress to keep up with him. And who knows how much money will actually make it to these programs? It's all about control and power, you know?