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White House's Shut Down Strategy Raises Questions About Legality
President Donald Trump and his budget chief Russell Vought have been seeking ways to minimize the impact of the federal shutdown on Republicans, despite a general prohibition on transferring funds between accounts without prior authorization. The move has sparked concerns that they are taking advantage of a supine Congress to seize control of federal spending.
According to experts, there are provisions baked into Pentagon funding bills that allow for transfers between military accounts, but with specific guidelines. However, the White House is using creative methods to fund certain priorities, such as paying special nutrition assistance to pregnant and breastfeeding women through the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
In a move that has raised eyebrows, Vought's Office of Management and Budget posted on social media: "Pay the troops, pay law enforcement, continue the RIFs, and wait." The White House has announced plans to use research and development funds to pay members of the military, despite a lack of congressional authorization.
Critics argue that this approach is likely illegal, as it violates Article 1, Section 9 of the Constitution, which states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." The modern Antideficiency Act also prohibits federal officials from spending or obligating money that Congress has not appropriated.
While parsing the exact implications is complex, experts are clear: any attempt to circumvent the law could have serious consequences. There are provisions in a 1935 law that may allow Vought's plan for WIC funding, but it remains unclear whether this would be enough to withstand court scrutiny.
The White House appears to be betting on the public's perception of this issue outweighing any potential legal challenges. However, lawmakers themselves seem reluctant to take action, with Speaker Mike Johnson stating that Democrats should bring a lawsuit if they wish to challenge Trump's order.
Ultimately, it remains to be seen whether the White House's creative solution for funding priorities will hold up to scrutiny. As long as the money keeps flowing to favored recipients, President Trump is likely to continue treating the Treasury like his personal ATM.
President Donald Trump and his budget chief Russell Vought have been seeking ways to minimize the impact of the federal shutdown on Republicans, despite a general prohibition on transferring funds between accounts without prior authorization. The move has sparked concerns that they are taking advantage of a supine Congress to seize control of federal spending.
According to experts, there are provisions baked into Pentagon funding bills that allow for transfers between military accounts, but with specific guidelines. However, the White House is using creative methods to fund certain priorities, such as paying special nutrition assistance to pregnant and breastfeeding women through the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
In a move that has raised eyebrows, Vought's Office of Management and Budget posted on social media: "Pay the troops, pay law enforcement, continue the RIFs, and wait." The White House has announced plans to use research and development funds to pay members of the military, despite a lack of congressional authorization.
Critics argue that this approach is likely illegal, as it violates Article 1, Section 9 of the Constitution, which states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." The modern Antideficiency Act also prohibits federal officials from spending or obligating money that Congress has not appropriated.
While parsing the exact implications is complex, experts are clear: any attempt to circumvent the law could have serious consequences. There are provisions in a 1935 law that may allow Vought's plan for WIC funding, but it remains unclear whether this would be enough to withstand court scrutiny.
The White House appears to be betting on the public's perception of this issue outweighing any potential legal challenges. However, lawmakers themselves seem reluctant to take action, with Speaker Mike Johnson stating that Democrats should bring a lawsuit if they wish to challenge Trump's order.
Ultimately, it remains to be seen whether the White House's creative solution for funding priorities will hold up to scrutiny. As long as the money keeps flowing to favored recipients, President Trump is likely to continue treating the Treasury like his personal ATM.