Presidential Impoundment: Recent Developments

Tues, May 6, 2025:
Bipartisan House and Senate Leaders Urge White House to Restore Spending Website. In the latest chapter in a battle over spending powers, lawmakers charged that the administration removed crucial information in violation of the law. The White House argues the data shouldn’t be public. – NYT

In a previously undisclosed letter sent last month to Russell T. Vought, the director of the Office of Management and Budget, the lawmakers questioned the rationale for shutting down the website, which they and advocacy groups said was a violation of the law.

“We look forward to working with you to restore public access to apportionment data in accordance with statute,” they wrote.

The letter was signed by Representative Tom Cole of Oklahoma and Senator Susan Collins of Maine, the Republican chairs of the House and Senate appropriations committees, and the two senior Democrats on those panels, Representative Rosa DeLauro of Connecticut and Senator Patty Murray of Washington….

Though the website was established during the Biden administration, its origin was in part the result of the Trump administration’s decision to withhold some congressionally approved aid for Ukraine during Mr. Trump’s first term…

Two public interest groups — Citizens for Responsibility and Ethics in Washington and Protect Democracy — have filed suit to force the administration to restore it…

After the White House decision to shut down the website, the Government Accountability Office — an arm of Congress — said in its own letter to Mr. Vought that his actions were “very concerning” and noted that the website was required by multiple statutes. It also disputed his reasoning for the decision.

“While there may be some information that is sensitive if disclosed publicly, it is certainly not the case that all apportionment data meets that standard,” the agency said in its April letter. “Where there is such sensitive data that should be protected from public disclosure, those would be the exception and should not serve to take down the entire database.”

Tues, April 8, 2025:
Trump is openly defying a law created to rein in his first-term abuses. Withholding congressional funding led to Donald Trump’s first impeachment. Now the White House won’t post their spending moves. – WP
GAO letter to OMB expressing concern about removal of apportionments website
The purpose of this letter is to address issues that have come to the attention of the Government Accountability Office (GAO) regarding the decision of the Office of Management and Budget (OMB) to remove the website that made apportionments available publicly. This is very concerning because of the potential implications for review of such records for federal audits, congressional oversight, specifically with regard to Congress’s power of the purse.

Friday, April 4, 2025:
Trump Officials Have Not Funded Radio Free Europe, Despite Court Order – NYT
The delay in disbursement has forced the news organization, which relies almost exclusively on congressional funding, to furlough some of its staff and cut parts of its programming…. In March, a federal judge in Washington temporarily halted President Trump’s efforts to shut down the news organization, ruling that his administration cannot unilaterally close a news group that Congress established by law. (Publisher’ Note:  This is clearly an illegal deferral of spending authority in violation of the Impoundment Control Act.)

Thurs, April 3, 2025:
Secret Conditions Move from DOGE to OMB – Yale Journal on Regulation

Tues, April 1, 2025:
23 states, DC sue Trump administration over billions in lost public health funding – CNN
“Last week, the US Centers for Disease Control and Prevention pulled back about $11.4 billion in funding allocated to state and community health departments during the Covid-19 pandemic response. The CDC expects to start recovering this money in about 30 days, according to HHS. An additional $1 billion from the Substance Abuse and Mental Health Services Administration was terminated, according to the attorneys general….The new lawsuit claims that the administration is undermining the constitutional power of Congress since the funds were tied to specific congressional allocations. It argues that the administration does not have the legal authority to rescind funding that already had been allocated.”

Thurs, March 27, 2025:
Top Senate Republican Protests Trump Bid to Withhold Spending; Senator Susan Collins of Maine, the chairwoman of the Appropriations Committee, joined top Democrats in insisting that the president does not have the power to “pick and choose” what to fund. – NYTimes
Senior Republican joins Dems in raising alarm over White House’s flouting of funding bill – Politico
Senate Appropriations Committee bipartisan letter to OMB Director objecting to plans not to spend $3 billion in the recent funding bill: “Just as the President does not have a line-item veto, he does not have the ability to pick and choose which emergency spending to designate.”– Collins/Murray
House Approps Ranking Democrat sends letter to OMB Director citing constitutional and statutory violations – DeLauro

Mon, March 24, 2025:
President Trump refuses to spend $3 billion, claiming they were “improperly designated by the Congress as emergency….” – Congressional Record

Wed, Feb 19, 2025:
After ceding power of the purse, GOP lawmakers beg Trump team for funds; Republican senators are asking cabinet secretaries and other Trump officials to let money flow back to their states – WP

Tues, Feb 18, 2025:
Can President Trump ignore Congress’ spending laws? The debate over “impoundment.” – NPR

Fri, Feb 7, 2025:
WH forces showdown over Congress’ power of the purse; The confirmation of Russell T. Vought to lead the powerful White House budget office is likely to escalate the funding fights roiling Washington and the nation – NYT

Fri, Jan 31, 2025:
US District Court John McConnell of Rhode Island granted a temporary restraining order providing that the Administration “shall not pause, freeze, impede, block, cancel, or terminate… awards and obligations to provide federal financial assistance to the States, and… shall not impede the States’ access to such awards and obligations” except as authorized by statute, regulation or terms of the award. US District Court for the District of Rhode Island

• The Court also prohibits the Administration from re-issuing the freeze under another guise or via individual agencies and requires the Administration to provide written notice of the restraining order to all agencies by 9am Monday.
• The Court found that the Administration’s action “unilaterally suspends the payment of federal funds to the States and others simply by choosing to do so, no matter the authorizing or appropriating statute, the regulatory regime, or the terms of the grant itself. The Executive cites no legal authority allowing it to do so; indeed, no federal law would authorize the Executive’s unilateral action here.”
• The Court found that the Administration’s action violates the constitutional separation of powers and the Administrative Procedure Act, and is contrary to Congress’ intent in funding the various programs.
• Moreover, the Court stated that the Administration’s claim “that the Executive Branch has a duty ‘to align Federal spending and action with the will of the American people as expressed through Presidential priorities,’ is a constitutionally flawed statement. The Executive Branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through ‘Presidential priorities.’”
• The Court further noted that the Administration failed to follow the notification procedures established by the Impoundment Control Act under which Presidents may temporarily pause funding or seek to rescind funding.
• Finally, the Court quoted Justice Kavanaugh’s 2013 opinion when he was on the DC Circuit that with respect to “the suggestion that the President has a constitutional power to decline to spend appropriated funds, we must conclude that existence of such a broad power is supported by neither reason nor precedent.”

Wed, Jan 29, 2025:
Trump’s federal spending power grab is far from over – WashPost/Ruth Marcus

Wed, Jan 29, 2025:
Trump wants to impound money that Congress appropriated. Here’s what it means — Bloomberg

Mon, Jan 27, 2025:
Trump’s move to freeze appropriated funds under the Inflation Reduction Act and the Bipartisan Infrastructure Law may violate Impoundment Control Act – The Hill
According to OMB Director nominee Russell Vought, “The president ran on the notion that the Impoundment Control Act is unconstitutional. I agree with that.”

Fri, Jan 24, 2025:
Trump’s illegal, unconstitutional scheme to withhold funding headed to communities across America – Murray

Wed, Jan 22, 2025:
Trump’s budget pick is famous for defying Congress; GOP senators want to confirm him anyway – Politico

Wed, Jan 22, 2025:
Allies of OMB Director nominee vote articulate why they believe the Impoundment Control Act is unconstitutional. – X

Wed, Jan 15, 2022:
Trump’s budget chief previews constitutional clash over spending – FiscalTimes

Fri, Dec. 6, 2024:
How Trump plans to steal Congress’ power of the purse – DeLauro
Fact Sheet: Trump’s Impoundment–Uninformed & Unconstitutional

Thurs, Dec. 5, 2024:
House Appropriations Chair Cole signals openness to presidential impoundments; (the Impoundment Control Act of 1974, enacted in response to President Nixon’s impoundment of congressionally appropriated funds, requires congressional approval to rescind congressionally appropriated funds–a tall order with the GOP’s razor thin majorities in the House and Senate) – WashPost

Thurs, Nov. 21, 2024:
Musk’s budget crusade could cause a constitutional clash in Trump’s second term – AP