"Yes it's illegal, but": Why Democrats aren't fighting Trump's shutdown workarounds

Democrats in Congress say President Trump's methods for paying military service members and funding food stamps for vulnerable communities are clearly illegal. But they're not keen to fight him on it.Why it matters: It's a rare instance where Trump is going mostly unchallenged as he ignores Congress' constitutional role in controlling federal spending.Driving the news: The administration is planning to divert $8 billion in previously appropriated funds for military research and development to pay the troops after Oct. 15, according to Reuters and Politico.Trump said Saturday in a post on Truth Social: "I am using my authority, as Commander in Chief, to direct our Secretary of War, Pete Hegseth, to use all available funds to get our Troops PAID on October 15th." The White House also plans to use tariff revenue to pay for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Axios reported last week.State of play: House Speaker Mike Johnson (R-La.) said at a press conference the administration has "every right to move the funds around, duly appropriated dollars from Congress to the Department of Defense.""If the Democrats want to go to court and challenge troops being paid, bring it," the House speaker added with a smirk.Democrats have been pressing Republicans for standalone votes on things like troop pay and WIC, but House Minority Leader Hakeem Jeffries (D-N.Y.) took a pass on calling Trump out at a Tuesday press conference."In previous shutdowns, funding has always been identified to make sure that the women, infants and children program has been funded, and we expect that that should happen at this moment in time as well," he said.What they're saying: House Democrats largely told Axios in interviews Tuesday night they disagree with Johnson's assessment that Trump's actions are legal."Only Congress has the authority to appropriate money to a federal expenditure," said Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee."It's not like a big fungible fund of money that Donald Trump can take from here and put over there," he added."It's almost certainly illegal to move money around," said Rep. Jim Himes (D-Conn.).Yes, but: Progressive and moderate House Democrats alike also told Axios not to expect much pushback on Trump's plans.Himes said he expects litigation against Trump's moves — but that he doesn't "know who the plaintiffs will be" because "it is politically tricky.""This is what we would've wanted to do anyway. We would've voted for it if it came up [in Congress]," Rep. Mark Pocan (D-Wisc.), a progressive member of the House Appropriations Committee, said of Trump's plans.Said Rep. Greg Landsman (D-Ohio): "Yes it's chaotic and yes it's illegal, but ... you don't want to see anyone get hurt. Speaking personally, yes, they should find a way to pay folks."Between the lines: Several House Democrats in battleground district said privately that it would be a massive political headache for them if party members challenged the payments."The legality is questionable, but politically I hope Democrats don't do it," said one lawmaker who spoke on the condition of anonymity to provide candid thoughts about the political dynamics around the shutdown.Said another vulnerable House Democrat: "I'd say that it's a good thing we're helping poor people who are facing food prices and it's good that we're paying the troops.""I don't see people raising the legality question," the second member said, predicting "somebody will, ultimately" but that they "can't imagine" it will be a congressional Democrat.The bottom line: Unlike Trump's cuts to agencies like USAID and the Department of Education, Democrats see little of substance to quibble over despite disapproving of Trump's methods."That's probably why we're not saying as much," Pocan acknowledged.Said Rep. Joe Morelle (D-N.Y.): "There's general agreement that people want to see active duty personnel paid, so I think it's less likely people use this as the example.""But there's no question that Trump is essentially lawless," he added. "So he'll trip the wire on things people do care about."

Comments

World news

Independent

Why the 90s is tasting pretty darned good in this economy: How nostalgia and Americans’ pocketbooks are bringing brands like Chi-Chi’s back from the dead

about 1 hour ago

Ukraine cannot win against Russia, warns top British army chief

Independent

Comments

Similar News

Would Netanyahu be arrested if he travelled to Canada? ‘Yes,’ says Carney on podcast

Carson Jerema: Yes, the Nazis were socialists

‘Yes Bibi, or no Bibi’: what does Gaza deal mean for Benjamin Netanyahu’s future?

I’m a liver doctor, here’s how I look after my health (and yes, I do drink)

Trump says ‘yes’ to shooting down Russian jets in Nato airspace in Zelensky meeting

AOC rips Charlie Kirk as ‘ignorant’ and ABC over Kimmel as House passes tribute with 95 Democrats voting ‘yes’

World news

Why the 90s is tasting pretty darned good in this economy: How nostalgia and Americans’ pocketbooks are bringing brands like Chi-Chi’s back from the dead

Ukraine cannot win against Russia, warns top British army chief

Can you actually fool AI to push your resume to the top of the pile?

US treasury secretary and Chinese vice premier plan another meet over ‘unsustainable’ tariff hike

Boy’s prosthetic eye shows love for Jays

One scandal too many forces UK monarchy to sideline Prince Andrew

Investigation launched after budget airline jet almost dives into ocean moments after takeoff

Heightened sense of urgency around this 'No Kings Day'

Man fakes his own funeral ‘to see who shows up and how much they care’

Cruz Beckham is the unlikely anti-nepo baby

Novak Djokovic could not be more wrong about padel

Trump’s Zelensky meeting confirms one thing: Putin is leading negotiations

From EVs to Heathrow – China’s extraordinary grip on UK infrastructure

Why the release of Israeli hostage bodies could yet derail Trump’s peace deal

Seven easy ways to supercharge your diet – without overhauling it

Bernie-backed Maine Senate candidate Graham Platner melts down

Chinese Nobel Prize-winning physicist Chen Ning Yang dies at 103

SeaWorld trainer butchered by killer whale who turned 'psychotic' in captivity

Moment Ukraine destroys Putin's floating bomb as Russia launches fresh attacks

Man living with dead mum in flat he'd not left for eight years

Skeletons found in mass grave are ancient Roman soldiers, study finds

'It's a joyous moment' - Brother of Prince Andrew accuser

National Guard activated ahead of No Kings protests planned across US

Smuggler jailed for 40 years after shipping ballistic missile parts from Iran

Ontario Psychologists Clash Over How Much Training Is Enough

A Popular Afghan Singer Challenges the Taliban With Song

The Kids Who Sued Trump Just Lost Big in Court. Or Did They?

Carter interception, TD run key in Lions’ win

Israel identifies remains of another hostage handed over by Hamas

Kremlin pitches £6,000,000,000 ‘peace bridge’ between Russia and America

Harper Lee’s short stories are charming – but what if she never wanted them published?

The five best poetry books of all time, according to Hollie McNish

Afghan and Pakistani delegations head to Doha for crisis talks

'I was forced to watch my wife be gang raped by seven men - it was three hours of hell'

Budget airliner hurtles towards sea at 300mph seconds after take off

Skeletal woman 'locked in bedroom for 27 YEARS' utters three chilling words when found

Where the 'most beautiful girl in world' is now after viral fame and controversy

Chinese Nobel laureate and physicist Chen Ning Yang dies aged 103

Ohtani rewrites history to send Dodgers to World Series

After Zelenskyy meeting, Trump calls on Ukraine and Russia to 'stop where they are' and end the war

Lions win fifth straight, eliminate Elks

The China spy case debacle shows governments have few secrets worth knowing

I’m a tour guide – banning loudspeakers can’t come soon enough

How to save your soil after the dry summer, according to an RHS expert

Gen Z protests against corruption and inequality are shaking Morocco. Here's what to know

Heavy security after deadly violence in Kenya as thousands turn out to mourn former PM Odinga

Mexican artisans turn clay into Trees of Life that are celebrated worldwide

Deadly floods in Mexico another sign of need for improved severe weather warnings

Hamas returns remains of 10th Israeli hostage from Gaza

The female scientists who finally found an answer to endometriosis wait times

‘We’re not communists’: One club’s fight for English rugby’s soul

I moved to the Tuscan village that pays people €20k to live there

Three easy and flavourful Indian recipes, including creamy chicken curry

Stephen Mangan: ‘We don’t live for ever – my mum’s death taught me that when I was young’

I’m 69 and struggling to pay bills – I was cheated when my pension was frozen

Reeves is doom and gloom but her messy Budget may be ‘hated’ Starmer’s only hope

The 14 best new children’s books for autumn 2025

The monarchy is stronger now Andrew and Fergie are banished

Three ways Newcastle’s new director of football will change transfer plans

'Putin is afraid,' says Zelenskyy - as Tomahawk missiles not ruled out