Trump Bid to Block $4.9 Billion With 'Pocket Rescission' Blasted as 'Authoritarianism 101'
"Congress—and only Congress—passes budgets. Because the president's job is to take care the laws are faithfully executed, he must spend the money as directed," said Rep. Jamie Raskin, a constitutional scholar.
Democracy defenders and members of Congress are condemning US President Donald Trump's effort to use a "pocket rescission" process to block $4.9 billion in foreign aid as authoritarian and illegal.
The Office of Management and Budget (OMB) on Friday shared on social media Trump's letter to House Speaker Mike Johnson (R-La.) about the move. According to a White House fact sheet linked in a subsequent post, much of the money was headed for the US Department of State and the United States Agency for International Development (USAID), which Trump has gutted.
As The Associated Press explained:
The 1974 Impoundment Control Act gives the president the authority to propose canceling funds approved by Congress. Congress can within 45 days vote on pulling back the funds or sustaining them, but by proposing the rescission so close to September 30 the White House argues that the money won’t be spent and the funding lapses.
What was essentially the last pocket rescission occurred in 1977 by Democratic then-President Jimmy Carter, and the Trump administration argues it's a legally permissible tool despite some murkiness as Carter had initially proposed the clawback well ahead of the 45-day deadline.
Shortly after the OMB social media posts, Secretary of State Marco Rubio said that OMB Director Russ Vought was helping shutter USAID, writing on the platform X: "Since January, we've saved the taxpayers tens of billions of dollars. And with a small set of core programs moved over to the State Department, USAID is officially in closeout mode. Russ is now at the helm to oversee the closeout of an agency that long ago went off the rails. Congrats, Russ."
Meanwhile, Rubio's former congressional colleagues and others are sounding the alarm over the administration's effort.
"America is staring down next month's government funding deadline on September 30," said Senate Minority Leader Chuck Schumer (D-N.Y.). "It's clear neither Trump nor congressional Republicans have any plan to avoid a painful and entirely unnecessary shutdown. With Trump's illegal 'pocket rescission': They seem eager to inflict further pain on the American people, raising their healthcare costs, compromising essential services, and further damaging our national security."
Congressman Joaquin Castro (D-Texas) also put pressure on GOP lawmakers, saying that "this is wrong—and illegal. Not only is Trump gutting $5 billion in foreign aid that saves lives and advances America's interests, but he's doing so using an unlawful 'pocket recission' method that undermines Congress' power of the purse. I urge my Republican colleagues to say hell no."
While most Republicans on Capitol Hill have backed Trump's endeavors to claw back funding previously appropriated by Congress, GOP Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska) voted against his $9 billion rescission package earlier this year.
Collins, chair of the Senate Appropriations Committee, also spoke out against Trump's new move, noting in a Friday statement that under the US Constitution, Congress has "the power of the purse," and the Government Accountability Office "has concluded that this type of rescission is unlawful and not permitted by the Impoundment Control Act."
Congressman Jamie Raskin (D-Md.), a constitutional scholar, similarly stressed that "Congress—and only Congress—passes budgets. Because the president's job is to take care the laws are faithfully executed, he must spend the money as directed. Trump's 'pocket recissions' are lawless and absurd. If a president opposes legislative spending decisions, he can veto them, subject to override, but once passed, he must execute on them."
Lisa Gilbert, co-president of the watchdog group Public Citizen, declared in a Friday statement that with the pocket rescission move, the Trump administration "demonstrated yet again its contempt for Congress' power of the purse and the Constitution's separation of powers."
"With this Constitution-mocking action, the administration is bringing us closer to a shutdown on September 30, and it doesn't seem to care," Gilbert said. "We call on Congress to push back, pass and abide by appropriations packages, and fight the administration’s illegal impoundments that harm regular Americans."
"This is not just a constitutional crisis, it's a matter of global justice," she added. "The congressionally appropriated funds that the Trump administration illegally aims to cancel support economic development programs to empower the world's most vulnerable and impoverished, and address some of the ravage of catastrophic climate change in developing nations."
