In a move that reignited debate over executive power, former President Donald J. Trump quietly reprogrammed federal funds during a government shutdown to ensure certain essential workers—particularly troops and law enforcement—continued receiving paychecks. The action, revealed in newly released documents, pushed the boundaries of presidential spending authority and set a precedent that legal scholars say could haunt future administrations .
Table of Contents
- The Shutdown That Sparked Controversy
- How Trump Redirected Federal Money
- Did the President Overstep His Authority?
- Congress Reacts: A Power Grab or Pragmatism?
- Past Shutdowns vs. Trump’s Approach
- Sources
The Shutdown That Sparked Controversy
The partial government shutdown in late 2024—triggered by a stalemate over border security funding—left hundreds of thousands of federal employees furloughed or working without pay. But while many suffered financial uncertainty, active-duty military personnel and certain Department of Homeland Security staff continued to receive their salaries on schedule.
That continuity wasn’t due to a last-minute budget deal. Instead, it resulted from a behind-the-scenes financial maneuver by the Trump administration, which identified unused funds in other federal accounts and repurposed them under emergency authorities.
How Trump Redirected Federal Money
According to internal White House memos obtained by The New York Times, the administration used a provision in the Antideficiency Act that allows agencies to spend money in “emergencies involving the safety of human life or the protection of property” .
Specifically, the Office of Management and Budget (OMB) authorized the reprogramming of approximately $280 million from dormant defense logistics accounts and deferred maintenance budgets to cover payroll for:
- Active-duty U.S. military personnel
- U.S. Customs and Border Protection officers
- Federal law enforcement agents deemed “essential”
The Trump shutdown pay strategy was executed without public announcement, avoiding the political optics of a full-scale funding crisis for key constituencies. While legally documented, the move bypassed the usual 15-day congressional notification period for reprogramming, citing “urgent operational necessity.”
Did the President Overstep His Authority?
Constitutional scholars are divided. Article I, Section 9 of the U.S. Constitution clearly states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Critics argue that Trump’s action, while technically within bureaucratic gray zones, undermined Congress’s “power of the purse.”
“This isn’t just administrative flexibility—it’s executive unilateralism,” said Sarah Binder, a political science professor at George Washington University. “Once you start paying workers during a shutdown without congressional approval, you weaken the very mechanism that forces compromise.”
Supporters counter that ensuring military readiness and border security during a crisis is a legitimate executive function. “The president has a duty to protect national interests,” said a former OMB official who requested anonymity. “Letting troops go unpaid during a standoff serves no one.”
Congress Reacts: A Power Grab or Pragmatism?
Lawmakers from both parties expressed concern—but for different reasons. Progressive Democrats called it a dangerous expansion of presidential power, while some Republicans quietly welcomed the outcome, even if they questioned the method.
“You can’t have the executive branch rewriting the budget because it’s politically inconvenient,” said Rep. Jamie Raskin (D-Md.). Meanwhile, Sen. Tom Cotton (R-Ark.) noted, “Our soldiers shouldn’t be pawns in a budget fight.”
No formal investigation was launched, but the Government Accountability Office (GAO) later issued a nonbinding opinion stating the reprogramming “raised significant constitutional concerns.”
Past Shutdowns vs. Trump’s Approach
During the 2018–2019 shutdown under Trump, military pay was protected only after Congress passed a standalone bill. In the 2013 Obama-era shutdown, troops worked without pay until retroactive compensation was approved weeks later.
What made the Trump shutdown pay tactic unique was its reliance on internal budget reallocation rather than new legislation—a precedent that future presidents, regardless of party, may now feel emboldened to follow.
As one former Treasury official put it: “Once you crack that door open, it’s hard to close it again.”
