Washington Examiner: Congress seethes over Trump’s $5 billion clawback that risks a government shutdown

GOP critics of President Donald Trump’s nearly $5 billion “pocket” rescission for foreign aid said the controversial move, which some have suggested may flout the law, would do them no favors in winning over enough Democrats later this month to fund the government by Oct. 1.

The words of caution extended beyond the GOP’s usual centrist detractors, such as Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK), foreshadowing what is likely to be a messy showdown with Democrats in the upper chamber over the coming weeks.

“Anything that gives our Democrat colleagues a reason not to do the bipartisan appropriations process is not a good thing,” Sen. Mike Rounds (R-SD) said. “And if they can use that as an excuse, that causes us a problem.”

Sen. Shelley Moore Capito (R-WV), a leadership member, said her “preferable route” to cancel previously appropriated funds would be through the standard annual budget process.

Senate Majority Leader John Thune (R-SD) predicted the legality of pocket rescissions, not used since 1977, will “be tested and litigated in courts.” He reassured Democrats that GOP leadership remained committed to ongoing budget negotiations.

“I think [Democrats] may try and use that as an excuse for not working in a bipartisan way on appropriations, but that’s all it’ll be: an excuse,” Thune told reporters. “They know that I’m committed, Senator Collins is committed, our conference is committed to working constructively to try and fund the government through the normal appropriations process.”

Appropriators are working behind the scenes to craft a yearlong bipartisan spending plan but are likely to need another stopgap funding measure to avoid a shutdown, which will require at least seven Democrats to cross the aisle and break a 60-vote filibuster. Some Democrats say Trump’s pocket rescission, a legally untested maneuver under the Impoundment Control Act that allows presidents in certain cases to withdraw funds without lawmakers’ approval, underscores the need to bolster their resistance to the administration.  

Sen. Cory Booker (D-NJ), a Democratic leadership member with potential 2028 presidential aspirations, previewed the blunt message he was advocating to his progressive colleagues: “It’s time to fight.”

“This is a time to draw a line. I am not giving my vote away to Donald Trump on a budget that’s going to hurt people, on a budget that’s going to take away healthcare, on a budget that’s going to hurt families who are really struggling,” Booker said. “I’m telling folks this is a crossroads.”

Republican leaders expect the rescission, announced last week by the White House budget office, to be ultimately settled by the courts and is already the subject of ongoing litigation. The administration’s legal justification last week was that the money, $3.2 billion for the U.S. Agency for International Development and $1.7 billion for State Department programs, was for “wasteful foreign assistance programs” and international groups that “do not support major U.S. policies or priorities or have been operating contrary to American interests for many years.”

A separate rescission from Trump earlier this year required the approval of Congress, which both GOP-led chambers supported. But without buy-in this go-around and so close to a funding cliff, the heartburn is palpable among even Republican appropriators.

Collins, chairwoman of the Appropriations panel facing a battleground reelection next year, has criticized the rescission as a “clear violation of the law.”

Murkowski, another centrist and frequent critic of the president who sits on the Appropriations Committee, doubled down Tuesday in her belief that the White House was unlawfully attempting to further flout Congress’s authority.

“Unfortunately, we don’t have a lot of tools, do we?” Murkowski said. “In terms of, is there something legislatively we can do, that’s the challenge. There are a lot of political paths.”

Does anyone actually think a narcissist like Trump cares one bit if his actions adversely affect anyone other than himself?

Talking Points Memo: GAO Makes Official What’s Been Obvious: Trump Admin Is Breaking Impoundment Control Act

The independent agency embedded within the legislative branch that is designed to review federal spending and make recommendations to Congress on cost savings and waste, as well as investigate policy implementation (the real one, not DOGE), has released a new finding that none of us will find surprising.

As part of its 39 different investigations into various actions the Trump administration has taken in the last four months that could qualify as Impoundment Control Act violations, the Government Accountability Office determined this afternoon that the Trump administration has, in fact, done just that.

Big picture, the non-partisan congressional watchdog is expected to issue more rulings in coming months as it works its way through nearly 40 other similar investigations into whether the Trump administration has violated the 51-year-old law in other ways. The Trump White House has already called the GAO finding “wrong” and GAO opinions are, in general, considered nonbinding recommendations to Congress. Such a finding might matter more in an era where congressional Republicans were not already so willing to choke down all of Trump’s DOGE cuts.

https://talkingpointsmemo.com/where-things-stand/gao-makes-official-whats-been-obvious-trump-admin-is-breaking-impoundment-control-act