Shutdown Or Not, Trump Admin Is Prepping New Ways To Ignore Separation Of Powers

This is your TPM evening briefing.
WASHINGTON, DC - MARCH 04: U.S. President Donald Trump addresses a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC. President Trump was expected to address Congress on his early achi... WASHINGTON, DC - MARCH 04: U.S. President Donald Trump addresses a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC. President Trump was expected to address Congress on his early achievements of his presidency and his upcoming legislative agenda. (Photo by Andrew Harnik/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

House and Senate Democrats on their chambers’ appropriations committees have been saying for weeks that they want to negotiate bipartisan spending bills to keep the government open for the remainder of the fiscal year. The only thing they’ve requested in return — for their cooperation in helping to pass a short-term spending bill to keep the government open and/or as part of the typical top-line spending amount negotiations — is some sort of guarantee that constitutionally protected separation of powers will be restored. They want Republicans to commit to a return to the world in which Congress, and not the White House or a random billionaire, makes spending decisions.

It is “extremely difficult to reach an agreement” on how to keep the government open “when the President is illegally blocking vast chunks of approved funding, when he is trying to unilaterally shutter critical agencies, and when an unelected billionaire is empowered to force his way into our government’s central, highly-sensitive payments system,” Sen. Patty Murray (D-WA), the vice chair of the Senate Appropriations Committee, said early last month.

“Democrats and Republicans alike must be able to trust that when a deal gets signed into law, it will be followed,” she said.

So Democrats have insisted for weeks that, in order to get their help on any type of short-term spending bill to keep the government open, they’d need some assurance that Trump and Elon Musk will stop lawlessly shutting down agencies and ending funding for federal programs.

Republicans called the request a non-starter. House Speaker Mike Johnson (R-LA) even described it as “a violation of separation of powers.”

Trump was able to bully enough Republican holdouts to get in line and support the continuing resolution (the funding bill) that it passed the House earlier this week without Democratic support. But he was reportedly, in part, able to do that by assuring those Republicans, who have built their brand on never approving government spending, that his administration would pursue impoundment to not actually spend the money that Congress will have appropriated.

The extent to which that latest almost certainly illegal assertion was a negotiating tactic to bully members of Congress into line remained unclear. But Fox News is reporting today that it spoke with sources who claim the threat is real. Trump and Office of Management and Budget Director Russ Vought are reportedly gaming out how exactly they’ll impound the funds from the Republican CR if it passes the Senate.

From Fox News Digital’s report this afternoon:

Two people familiar with the conversations told Fox News Digital that President Donald Trump and Office of Management and Budget (OMB) Director Russell Vought are working on a strategy for impounding federal funds that Congress is expected to allocate this week, before the partial government shutdown deadline on March 14.

Senate Democrats were already loathe to help Republicans pass the CR — either by invoking cloture on the legislation so that Senate Republicans can pass the MAGA bill with a simple majority (in exchange for Republican leadership giving Dems a vote on their 30-day spending bill) or by giving them the votes they need to overcome the filibuster.

But the impoundment news only exacerbates the real problem that Democrats have been trying to keep front and center for weeks: the Trump administration is already not following the law. Sen. Ben Ray Luján (D-NM) expressed that exact sentiment to my colleague Kate Riga this afternoon, after the Fox News story broke.

From our liveblog coverage:

“Republicans in the House of Representatives and Republicans in the Senate are complicit in allowing President Trump to violate the law,” he told me. “They’re letting it happen and it’s already happening today.”

The Best Of TPM Today

Catch up on our live coverage here: Senate Democrats Decide Whether To Take A Stand On Republicans’ Poison-Pilled CR

Federal Judge Slams Trump Executive Order Targeting Perkins Coie

Yesterday’s Most Read Story

After Heated Dem Meeting, Schumer Says Dems Will Push For Vote On Short Term CR First 

What We Are Reading

Yale Suspends Scholar After A.I.-Powered News Site Accuses Her of Terrorist Link

Trump asks Supreme Court to curb judges’ power to block policies nationwide 

Johns Hopkins to Cut More Than 2,000 Workers Funded by Federal Aid 

Latest Where Things Stand
38
Show Comments

Notable Replies

  1. Cadet Bone Spurs is a sad, pathetic, and hateful man.

  2. Avatar for krux krux says:

    Man it’s hard to keep track of where the f* everything is at any moment.

  3. That, my friend, is a tactic of these insurrectionists.

  4. Chuck: If we just give him everything he wants then he wont have to. Iam a genius!

  5. So Democrats have insisted for weeks that, in order to get their help on any type of short-term spending bill to keep the government open, they’d need some assurance that Trump and Elon Musk will stop lawlessly shutting down agencies and ending funding for federal programs.

    Republicans called the request a non-starter. House Speaker Mike Johnson (R-LA) even described it as “a violation of separation of powers.
    … … … … … …
    How is getting an unelected billionaire and his complicit president to stop illegally trampling on laws a republican Congress passed and running rough shod on Congress’s constituional powers a violation of separation of powers by democrats? It’s Musk and trump doing the violating.

Continue the discussion at forums.talkingpointsmemo.com

32 more replies

Participants

Avatar for system1 Avatar for jackson_frisell Avatar for becca656 Avatar for bethinor Avatar for mch Avatar for lastroth Avatar for musgrove Avatar for ronbyers Avatar for fiftygigs Avatar for darrtown Avatar for benthere Avatar for jinnj Avatar for southerndem Avatar for dmcg Avatar for susanintheoc Avatar for swell Avatar for uneducated Avatar for krux Avatar for 19tibekius6 Avatar for chjim Avatar for ladyfair Avatar for old_guru Avatar for xcopy Avatar for marciaann

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher & Digital Producer:
Senior Developer:
Senior Designer: