Democrats Predict Shutdown After Trump Tries to Snatch Congress’ Most Important Power

Congressional Democrats point to skyrocketing odds of a government shutdown Friday after President Trump announced that he’ll unilaterally take back money Congress had already appropriated for foreign aid, according to multiple outlets. 

“As the country stares down next month’s government funding deadline on September 30th, it is clear neither President Trump nor Congressional Republicans have any plan to avoid a painful and entirely unnecessary shutdown,” Senate Minority Leader Chuck Schumer (D-NY) said in a statement. 

The move forces members of Congress to confront a question that has lingered over the legislative branch all year: What is the point of the two parties negotiating a federal budget if the executive branch insists it has the power to unilaterally determine what funds get spent? In this case, the administration seeks to make use of a loophole it claims it has discovered to refuse to spend funds appropriated by Congress. 

The unprecedented gambit goes even further than what unfolded in July, when the White House sought to cancel money Congress had already approved. Then, at least, lawmakers voted on the rescission, which required only 50 votes and passed with only Republican support. This time, Trump isn’t bothering to get congressional Republicans’ sign-off. This new so-called pocket rescission totals $4.9 billion, according to the Office of Management and Budget.

“Any effort to rescind appropriated funds without congressional approval is a clear violation of the law,” Sen. Susan Collins (R-ME), the Senate’s head appropriator, said in a Friday statement. She pointed to the Government Accountability Office (GAO) finding that pocket rescissions are illegal under the Impoundment Control Act, as well as Congress’ power of the purse. The GAO, an independent watchdog agency within the legislative branch, has repeatedly stated that pocket rescissions are illegal. 

“Republicans should not accept Russ Vought’s brazen attempt to usurp their own power. No president has a line item veto — and certainly not a retroactive line item veto,” Sen. Patty Murray (D-WA), the head Democratic appropriator, said in a statement, calling it an “absurd, illegal ploy” to “steal” lawmakers’ congressional power.

Vought, the director of the OMB, has led the charge on pocket rescissions, telegraphing for months his intention to request the rescission once the clock wound down on the fiscal year. Under the administration’s untested theory of the case, the timing loophole lets the President zero out any already allocated funds he chooses. 

“I refuse to label Vought’s gambit a ‘pocket rescission’ because it gives his unlawful attempt to steal the promises Congress enacted an air of legitimacy it does not deserve,” Rep. Rosa DeLauro (D-CT), the head Democratic appropriator in the House, said in a Friday statement.

Experts are dubious that even this ultra-conservative Supreme Court will sign off on such a brazen defiance of the separation of powers, with one telling TPM he doubts the gambit will get “a single vote” from the justices.

The move also strips the minority of what little power it usually has to demand concessions in exchange for votes during the appropriations process. 

“Trump is rooting for a shutdown,” Sen. Chris Murphy (D-CT) tweeted Friday morning. “He knows he has created a huge problem because now any budget deal with Republicans isn’t worth the paper it’s written on. He’s not even pretending to follow the law.” 

Even some congressional Republicans, beyond Collins, have criticized the gambit — though they’ve had a tendency this term to fall in line notwithstanding initial reservations. 

“I have personally told Mr. Vought that I think that would be a mistake,” Sen. Mike Rounds (R-SD) told reporters last month.