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

NoScopeNeko

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White House Uses Shutdown as Cover for Unchecked Spending Power

The prolonged federal shutdown has turned into a perfect storm of executive overreach and legislative weakness. President Donald Trump and his budget chief Russell Vought are exploiting the shutdown to further consolidate control over federal spending, putting them at odds with Congress and likely violating the law in the process.

In most cases, Congress authorizes specific funding for government agencies, but there is no blanket permission for agencies to use funds from other accounts. According to Philip Joyce, a public policy professor at the University of Maryland, "Congress can authorize transfers, but has to have permitted it in law. It's not a blanket permission that the agency has." This general prohibition against shifting funds between accounts is intended to prevent executive branch overreach.

Despite this prohibition, Vought's Office of Management and Budget (OMB) has been searching for creative ways to keep Trump's priorities funded during the shutdown. For example, the White House recently transferred revenue from Trump's escalating tariffs to fund the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), a move that helped mitigate some of the public backlash against the administration's supposed indifference to vulnerable populations.

More concerning is Vought's recent statement, "Pay the troops, pay law enforcement, continue the RIFs, and wait," which authorized the use of research and development funds to pay members of the military. This decision disregarded a key provision in Pentagon funding bills that allows for defense secretary transfers between military accounts but with specific guidelines.

Trump's order to Defense Secretary Pete Hegseth to use available funds to pay and allowances for service members also raises questions about the Antideficiency Act, which prohibits drawing money from the Treasury without an appropriation. This law has been in place since 1870 and carries criminal penalties for violations.

While some experts argue that there may be loopholes or provisions that allow for creative spending, such as a 1935 law that allows the secretary of agriculture to use gross receipts from customs duties, parsing these nuances can be complex even for experts. The White House appears to be betting on avoiding lawsuits and court challenges, rather than defending its actions in Congress.

The Republican-led Congress has not been eager to protect its powers or challenge the executive branch's overreach. Speaker Mike Johnson stated that if Democrats want to go to court against the military pay scheme, they should bring it, while Senate Majority Leader John Thune lined up a vote on a standalone military pay bill more for political purposes than out of concern for fiscal discipline.

In conclusion, the White House's actions during the shutdown have raised significant concerns about executive overreach and the erosion of congressional authority. While some may see these moves as creative solutions to fund critical services, others view them as reckless disregard for the law and an attempt to consolidate power without accountability.
 
🤦‍♂️ so the White House is using a government shutdown as an excuse to just make up their own rules about how they spend taxpayer money... that's not exactly the kind of "fiscal responsibility" I was taught in school 📚💸. It's like they're saying "oh, Congress didn't authorize this, but we'll just do it anyway because we're all grown-ups now"... newsflash: you're still a kid with a bad case of separation anxiety 🤡.
 
🤔 I'm literally just sitting here reading this article and my mind is blown 🤯 The White House's actions during the shutdown are so shady. Like, what even is the point of a shutdown if they're just gonna keep finding ways to spend money without Congress' permission? It's like they think they can just make their own rules now? 🤑 I'm not surprised that the GOP in Congress isn't doing much to stop them either, it feels like they're more worried about being seen as "tough on defense" than actually holding Trump accountable. 😐 This whole thing is just really concerning and I don't think we should be okay with this kind of executive overreach 🚫
 
🤔 I'm totally bummed out by this latest news. I mean, think about it - we're living in a time where the White House is basically just making up its own rules, right? Like, what's next? They'll be like "Hey, let's use some of that emergency response funding to pay for Trump's golf game" and nobody will bat an eye 🤦‍♂️. And don't even get me started on the whole military pay scheme thing - I mean, come on! Can't they just follow the law like everyone else? It's not exactly rocket science 💡. The fact that Congress is just letting this slide and not doing anything about it is just depressing 🤕. And what really gets my goat is how the White House is trying to spin all this as some kind of "creative solution" when really it's just a bunch of executive overreach 🚫. I'm seriously worried about where we're headed with this whole thing... 😬
 
🤔 I'm seriously worried about what's going on with our government right now. The whole shutdown thing has gotten out of hand and it feels like the White House is just playing fast and loose with the rules. I mean, come on, using tariffs to fund a program that helps low-income families? That's not exactly what I'd call "fiscal discipline" 😒

And let me get this straight - the Defense Secretary is basically just winging it when it comes to paying military personnel? That's not how we're supposed to run the country 🤯. And where's Congress in all of this? They're supposed to be the ones holding the White House accountable, but instead they're letting Trump and his team do whatever they want.

It's like we're living in a parallel universe or something 🌐. The Antideficiency Act is clearly in place for a reason, and yet the White House is just ignoring it like it doesn't exist. I'm not buying all this talk about "loopholes" and "provisions" - at the end of the day, someone's gotta take responsibility for this kind of nonsense.

We need to get our act together as a country and start holding our leaders accountable for their actions 🙄. This kind of executive overreach is exactly what gets us into trouble in the long run 👊
 
This is getting crazy 🤯... I mean, I know they're trying to keep things open during this shutdown, but come on! It's like they think no one's paying attention or something 😂. Remember when Nixon had Watergate? This feels like some shady stuff going on over here. And what's with all these loopholes and exceptions? It's like they're just making it up as they go along 🤔. I'm not saying Congress is doing their job, but this White House is definitely crossing some lines 👊. We need to keep an eye on this one...
 
This is straight-up authoritarianism 🚫. Trump's using the shutdown as a cover to just make up his own rules about how he can spend money. Like, if Congress doesn't give him permission, does that mean he gets to decide? Newsflash: no! The Antideficiency Act has been in place since 1870 for a reason - to prevent exactly this kind of thing from happening.

And what's with the Republican leadership just sitting on their hands? They're more worried about getting re-elected than doing what's right. It's like they've got their priorities all backwards. We need Congress to be strong and protect its powers, not just let the executive branch run wild 🚗💨.
 
OMG, can u believe what Trump's crew is doing? They're literally taking advantage of the shutdown to play hooky with federal funds 🤑🚫. I mean, come on! They know there's no blanket permission to shift funds around, but Vought and his team are just winging it like that's okay 💯. Newsflash: using defense secretary transfers without guidelines is a major red flag 🔴.

And what's with the "pay the troops" rhetoric? Trump says pay the military, but where's the evidence they're actually getting extra funding for veterans' services or something 🤔? Meanwhile, they're just dipping into R&D funds like that's cool 😎. It's all about consolidating power and avoiding accountability, folks 👊.

I'm seriously worried about this shutdown situation. Congress is basically letting Trump get away with it, and now we're seeing a slippery slope where the law gets trampled 🏔️. When will someone speak up for accountability? 🤷‍♂️
 
Wow 🤯 Interesting how the White House is using the shutdown to just make up its own rules on spending, kinda like a big game of checkers instead of following the law. And what's up with Congress not pushing back more? I guess you could say they're just too busy playing nice and hoping no one notices... 🤷‍♂️
 
You won't believe what's going on in D.C. 🤯 This shutdown thingy is just an excuse for Trump's budget chief Vought to get away with some crazy spending stuff. I mean, who needs a blanket permission from Congress when you can just shift funds around and call it a day? 😂 It's like they're playing some kinda game of fiscal hot potato.

And let me tell you, this "pay the troops" nonsense is just a cop-out. I'm all for taking care of our military folks, but using R&D funds to pay them? That's just plain sloppy. And what about the Antideficiency Act? Come on, guys, can't they follow the law around here? 🙄

I'm not sure what's more concerning, though - the fact that Vought is basically breaking the rules or that Congress isn't doing anything to stop him. It's like they're all just too busy playing politics to care about the consequences of their actions.

I remember when I was in school, we had to learn about the importance of following procedure and respecting the law. Guess some people have forgotten that over time... 😕
 
This is getting outta hand 🙅‍♂️. I mean, come on, can't they just follow the law? It's not rocket science 💡. Trump and Vought are using the shutdown as a get-out-of-jail-free card for all their spending shenanigans 🤑. And Congress is just sitting there, like "meh" 😴, allowing it to happen.

I'm so sick of politicians playing games with our money 🤯. It's not about being creative or finding loopholes; it's about doing what's right and following the law 📚. The Antideficiency Act is in place for a reason, and if they're going to keep violating it, we should at least see some consequences ⚠️.

And let's not forget about the taxpayers 💸. Who do these politicians think they are, taking our hard-earned cash without even asking? 🤷‍♂️ It's time for them to step up and show some accountability 👮‍♂️.
 
🤔 I'm not too worried about this whole shutdown thing, though it does seem like a bit of a mess 😅. I mean, think about it - the White House is basically using the shutdown as an excuse to do what they've been wanting to do anyway: consolidate power and control over federal spending 🤑. And who knows, maybe some of these 'creative solutions' will actually work out in the long run? Like that WIC funding thing - hey, helping vulnerable populations isn't so bad 😊. Plus, it's not like Congress is doing much better at holding Trump's feet to the fire 💁‍♀️. Maybe we can just focus on finding some silver linings here 🌟. After all, the Antideficiency Act has been around since 1870, that's some serious history and precedent there! 💪
 
I'm not buying it 🤔. The White House is just using this shutdown as an excuse to do whatever they want with taxpayer money 💸. I mean, who needs a blanket permission from Congress when you've got a fancy budget chief like Russell Vought 🤑? It's all about executive overreach and consolidating power without any checks and balances 🚫.

And don't even get me started on the WIC funding stunt 🤦‍♀️. Using revenue from tariffs to fund a program for vulnerable populations is just a clever PR move 📢. The real question is, what's next? Will they start using funds from NASA to pay for their own golf vacations 🏌️‍♂️?

I'm not convinced that there are any loopholes or provisions that can justify this level of executive overreach 🤷‍♂️. It's just a bunch of creative accounting and dodging accountability 💸. The Republican-led Congress is too scared to take on the White House, and that's a shame 😔. We need to hold our leaders accountable for their actions, not let them run amok with taxpayer money 🚫.
 
I'm totally freaked out by this 🤯. I mean, who gives the executive branch a free pass to do whatever they want with taxpayer money? It's like they're playing a game of fiscal chess where the stakes are too high. As a netizen, it's my job to stay informed and speak up when things go wrong. But seriously, can't our elected officials stand up for what's right instead of just going along for the ride? This whole thing stinks of corruption 🚽. I'm not sure how much more of this shutdown nonsense I can take...
 
omg u gotta think critically about dis 🤔, congress r not perfect but they're tryna do their job here... vought's actions might be shady but maybe he's just tryin 2 get things done w/ limited time frame 🕒, and yeah trump's priorities r important too. i'm not sayin congress is innocent or evrythin's fine, but let's not dismiss the WHs efforts without considerin other perspectives either 👀
 
It looks like the whole government is getting a free pass just because they're using the shutdown as an excuse... 🤔 Newsflash: just 'cause you can hide behind some bureaucratic mumbo-jumbo doesn't mean it's okay! The Antideficiency Act has been around since 1870, folks - that's even longer than the internet! If Trump and his team are really that desperate to find ways to fund their priorities, shouldn't they be working with Congress to make it happen instead of just making stuff up? 🚫 It's all about accountability, people... and right now, it seems like the White House is trying to get away with as much as possible. Not cool, in my book. 👎
 
The executive branch's tactics during this shutdown are quite concerning 🤔. It appears that President Trump and his administration are pushing the limits of what is considered acceptable in terms of executive overreach. By exploiting the shutdown, they're able to sidestep congressional oversight and potentially circumvent the law. The fact that they're using creative financial maneuvers to keep certain programs funded without explicit legislative authorization is a red flag. Moreover, it's alarming that the Republican-led Congress hasn't been more vocal in pushing back against these actions ⚠️. Ultimately, this kind of executive overreach can have far-reaching consequences for the system of checks and balances we rely on. 📊
 
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