The US Congress IS supposed to allocate where the countries money get spent…
Could the Trump people actually game the ssytem 45 days before the September 30th Fisical year?
A left thught out conspiracy idea that just COULD happen?
The idea is called a “pocket rescission,” and just to be clear, the only people who seem to think it has any legal validity are Donald Trump and his Office of Management and Budget Director Russell Vought. Here, for instance, is the General Accounting Office saying flatly that “no” it is not legal.
Quick explanation, or as quick as I can manage: It occasionally happens that the Executive branch has what it thinks is a good reason to not spend some money that it has been legally directed to spend—say, if the budget calls for hiring a whole bunch of some specialty worker, but that need has gone away or has proven difficult to fulfill. Or, as we just experienced earlier this summer, if the President decided he just doesn’t like USAID or the Corporation for Public Broadcasting. In that case, according to the Impoundment Control Act, the President sends a request to Congress, which then has 45 days to pass a rescission bill essentially retracting the budget items. Which, in that latter case, Republicans in Congress did with a law that, according to records, was signed on July 24, which is just a few weeks ago but seems like ages and ages in the past to me.
If Congress doesn’t get the rescission bill passed within 45 days of the President’s request, then no dice, the budget item stands, and the money must be spent for its specified purpose.
During those 45 days, the Executive branch may, under some circumstances, delay the spending while it waits for Congress to act. Those circumstances do not include “because we don’t wanna,” in case you’re wondering.
Vought’s theory is that if Trump sends a rescission request less than 45 days from the end of the fiscal year, he doesn’t need Congress to do anything—he can delay the spending until time runs out on the fiscal year, and then it’s over and the money can’t be spent any more and Trump wins.
OK, that explanation wasn’t so quick, my apologies. Anyway, as I mentioned, this “novel theory” doesn’t seem to actually gibe with actual law, or the Constitution. Nevertheless, the administration seems keen on trying to do it….
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Conservatives have been disappointed that the administration and Congress have passed only the one rescissions bill, cancelling a mere $9.4 billion. The White House has promised more, but has not come through with specifics, and it’s unclear that anything substantial could pass through Congress given current slim Republican majorities.
Hence the talk of pocket rescissions—which, just to re-emphasize, would be illegal and unconstitutional according to pretty much everybody, including several congressional Republicans who have dared to speak on the topic.
Whether that detail is enough to stop Trump, we might find out quite soon. Forty-one days and counting, I think….