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

ChromaCheetah

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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.
 
idk what's more concerning, the fact that ppl think trump can just use the treasury like his own cash machine 🤑 or that congress is too scared to do anything about it...like "hey, we got this" 🙄. seriously though, who does the white house think they are? 🤷‍♂️ paying for wic through research and development funds? 🤯 and what's with the cute little social media post from vought's office? like, "pay the troops, pay law enforcement"... sounds like a game of risk vs. punishment 🎲
 
omg can't believe what the white house is trying to pull off 💸🚫 they're literally using a loophole in a 1935 law to get around the constitution 🤯 and if that's not shady then i don't know what is 😒 but seriously though, this has all these experts saying it's probably illegal so maybe we should keep an eye on this one 👀
 
idk about this... seems like they're trying to find a loophole in the law and it's not cool when ppl take advantage of that just cuz Congress isn't paying attention 😕. dont get me wrong, i get why they wanna fund important stuff but there gotta be rules and everyone should follow them... or at least thats what i was taught in school 🤷‍♀️. its like, yeah pay the troops and all, but what about everyone else who needs help too? seems like a pretty thin line to me 🚫.
 
The whole thing just reeks of desperation 😒. I mean, come on, the president thinks he can just use creative accounting to bypass Congress and the law? It's like trying to outsmart a teenager with a calculator 🤣. Newsflash: it's not going to work. The Antideficiency Act is clear as day, and any attempt to circumvent it is gonna end in court, and trust me, you don't wanna be on the other side of that 🙅‍♂️.

And can we talk about how this is exactly what people were worried about when they voted for Trump? I mean, I get it, he's trying to appeal to his base and all that, but at what cost? The treasury is like a piggy bank to him, and he's just gonna keep dipping into it until it's empty 🤑. It's not only irresponsible, but it's also kinda laughable 😂.

I swear, this whole thing just smells like another Trump tantrum 🤬. When are we gonna see some actual leadership around here? Instead of trying to game the system and skirt the law, maybe he could try actually working with Congress for once? Just saying 👀
 
I'm a bit worried about this whole thing... 🤔 Like, what even is the point of having laws if we can just bend them around whenever it's convenient? It feels like the White House is playing a big game of chicken with Congress, but instead of facing off in a showdown, they're trying to sneak past everyone. And honestly, who gets to decide what's 'creative' and what's not when it comes to using taxpayer dollars? Is it just about getting stuff done, or are there some deeper questions at play here? 🤑
 
omg i'm literally shaking thinking about this lol... so like vought and trump are basically trying to sneak around congress like they're playing a real life game of hide and seek 🤐 but seriously though, if they get caught it's gonna be bad news for them 🚨 especially since there's that one part in the constitution that says no money can be drawn from the treasury without a law and stuff 📝 and now they're trying to use some loophole about wic funding to avoid getting busted 🤷‍♀️ i mean, i get it president trump wants to pay for his priorities but come on man... you gotta follow the rules 🙄 and btw, i'm kinda curious to see how this whole thing plays out in court... will vought's plan hold up? 🤔
 
This shutdown thingy is getting weird 🤔... I mean, I get that they wanna fund some important stuff, but come on! They're basically using a loophole to just transfer funds without checking with Congress first 📊. It's like they think the Constitution doesn't apply or something 😂. Newsflash: it does! And if Vought's plan gets challenged in court, we could be looking at some serious repercussions 🚨.

I also don't get why lawmakers aren't stepping up and taking action 🤷‍♀️. If they're really concerned about the law, shouldn't they just bring a lawsuit against Trump? It seems like a pretty clear-cut case of circumventing the rules 📝. Anyways, I guess we'll have to wait and see how this all plays out 🎬. Will the White House's creative solution fly or will it crash and burn? Only time will tell 😏
 
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