Congress
Democrats plot strategy for fighting Trump on funding freeze
Less than 24 hours after President Donald Trump’s Day One blitz of executive actions, Democrats on Capitol Hill mobilized Tuesday to fight his move to freeze a broad range of federal cash.
House Minority Leader Hakeem Jeffries (D-N.Y.) and other top House Democrats held a private call on Tuesday with more than 100 people, including leaders of outside groups, to discuss government funding strategy and how to stop Trump from violating so-called impoundment law by usurping Congress’ “power of the purse,” according to three people familiar with the call.
People on the call included advocates for a federal program granting food assistance to pregnant women and babies and the Head Start early education program.
It’s Democratic leadership’s first steps in coordinating a united front against what they see as the Trump administration’s violation of impoundment law, which is meant to block presidents from withholding money Congress has previously passed through the Congressional appropriations process.
Congressional Democrats are still trying to figure out exactly what funding Trump intends to freeze after the president’s barrage of executive orders Monday night that would cut off funding Congress previously appropriated. Those orders call broadly for federal agencies to pause foreign assistance to Ukraine and other countries, as well as halt money already contracted under Democrats’ signature climate and spending law known as the Inflation Reduction Act.
Whether Trump’s executive orders hold up in court will be a major test of any president’s power to unilaterally withhold funding Congress has cleared — specifically whether such an action undermines lawmakers’ “Article I” authority under the Constitution to control the government purse strings.
Once it is clear what accounts Trump is targeting through these executive orders, Democrats can determine who is being “harmed” and has legal standing to challenge the president’s orders in court.
“There are a whole array of political countermeasures that one could undertake in terms of having standing to sue, to vindicate the will of Congress,” Sen. Sheldon Whitehouse (D-R.I.), the former chair of the Senate Budget Committee, said in a brief interview on Tuesday.
Besides a state or an organization representing people affected, a committee chair or party leader could potentially be “suitably implicated” to challenge Trump’s orders in court, said Whitehouse, who is also a former attorney general of Rhode Island and is also tracking the impoundment issue.
Democrats are planning other strategies to counter Trump’s orders to freeze funding, too, from a messaging standpoint, including by highlighting the ways Americans are hurt by the president’s moves.
“The President spent his first day in office stealing from American taxpayers,” the House’s top Democratic appropriator, Connecticut Rep. Rosa DeLauro, said in a statement Tuesday night. “In the coming weeks, I will be focused on sharing with the American people the direct consequences of undercutting these investments.”
Democrats also plan to push for a federal probe into the legality of Trump’s moves to freeze funding. During Trump’s first presidency, the Government Accountability Office concluded on multiple occasions that the administration violated the law by withholding Ukraine aid and other funding.
Russ Vought, who was in charge of freezing that funding during Trump’s first presidency in his capacity as the White House budget director, is now seeking confirmation to a second stint leading the Office of Management and Budget.
Vought already told senators during his first confirmation hearing last week before the Senate Homeland Security and Governmental Affairs Committee that Trump believes it is unconstitutional for the Impoundment Control Act of 1974 to require the executive branch to spend money as Congress prescribes.
As Vought prepares to testify on Wednesday before the Senate Budget Committee in his second confirmation hearing necessary to secure the OMB job, Democratic senators are ready to question the nominee specifically about the legality of Trump’s new executive orders.
Congress
OMB nominee ‘can’t commit’ to forgoing ‘pocket rescissions’ funding gambit this year
President Donald Trump’s pick for deputy director of the White House budget office told lawmakers Tuesday he can’t promise the administration won’t unilaterally cancel funding later this year without Congress’ consent.
Hal Duncan, the nominee to serve in the No. 2 position at the Office of Management and Budget, defended the controversial “pocket rescission” maneuver during his first of two confirmation hearings on Capitol Hill this week.
“Pocket rescissions have been executed by previous administrations, notably the Ford administration,” Duncan said during testimony before the Senate Budget Committee. “I can’t commit to any of the fiscal tools the administration may or may not use in the future.”
His comments come after the White House defied Democrats and many Republicans last year by canceling $4.9 billion in foreign aid without a vote from Congress.
Typically, if an administration wants to withhold funding Congress has already appropriated, the White House will send a rescissions request. Then Congress has 45 days to approve, amend or reject the request to cancel the funding, with inaction considered rejection.
But Trump administration officials claim they can submit a formal request to rescind funding with less than 45 days left in the fiscal year and then withhold it until it lapses on Oct. 1, regardless of whether Congress acts, even though lawmakers in both parties consider the tactic an illegal end-run around Congress’ “power of the purse.”
The Supreme Court gave the Trump administration the go-ahead last fall to cancel much of the foreign aid it nixed through a pocket rescission. But the high court has yet to settle major questions about whether the Trump administration has violated the Constitution or federal law in withholding billions of dollars Congress has appropriated.
If the Trump administration attempts the tactic again this year, it would happen in August or September.
Duncan will appear Wednesday before the Senate Homeland Security and Governmental Affairs Committee.
Congress
Capitol agenda: Trump leaves Congress in dark on Iran deal
Senate Republicans want a say on a deal President Donald Trump is touting to end the monthslong war in Iran.
The absence of publicly released text for the “memorandum of understanding” Vice President JD Vance reportedly signed with Iranian officials Sunday sparked bipartisan scrutiny on Capitol Hill about what the deal might entail.
Senators in both parties agreed: More information needs to come to Congress soon, and any agreement touching on the future of the Iranian nuclear program would have to eventually be subject to a congressional vote.
“If you want a deal to last, it can’t be an executive agreement,” said Sen. James Lankford. “We’ve got to have a vote of Congress to be able to solidify [it] long term.”
The Trump administration said it expects release of the memorandum of understanding no later than Friday.
The agreement reportedly includes reopening the Strait of Hormuz to commercial shipping, but it’s not clear to what degree Iran will be required to abandon its nuclear program. The White House circulated talking points to Hill Republicans Monday touting the deal, including that “Iran will never have a nuclear weapon” and “energy prices … are coming down,” according to a copy of the document reviewed by Blue Light News.
“If it’s a secret deal, then how can I take it seriously?” Sen. Thom Tillis told reporters.
Weighing heavily on several lawmakers is the possibility of an agreement landed by the administration looking very similar to the last Iran nuclear deal, consummated more than a decade ago by then-President Barack Obama amid a bipartisan uproar over trading sanctions relief and cash concessions to the Iranian regime in return for curbs on its nuclear ambitions.
Democrats believe Trump should’ve never abandoned that deal — known as the Joint Comprehensive Plan of Action — in his first term, while GOP defense hawks despised it from the start.
“If [the Iranians] can enrich [uranium] anywhere at all, then it’s the same as JCPOA,” said Sen. Lindsey Graham of the Trump administration’s forthcoming deal. “If they can’t enrich, then that makes it a good deal.”
One legacy of that 2015 controversy: the GOP-controlled Congress at the time passed legislation allowing for congressional review of any agreement dealing with the Iranian nuclear program. That law gives members the ability to kill a deal via a disapproval resolution that could be subject to presidential veto.
In the absence of further details, senators mainly agreed that they wanted a chance to formally review and vote on Trump’s deal — even as some Republicans predicted the administration would find a way to avoid that happening.
Senate Majority Leader John Thune said Monday there is “probably some expectation” that his chamber would ultimately vote on the agreement while declining to weigh in on the particulars.
“I just don’t know enough about it yet, and I don’t think even the people who follow this stuff closely up here know that much about it,” he said, adding that he expected Vance or other administration officials to brief members on the deal at some point.
What else we’re watching:
— DEMS NONCOMMITTAL ON SPEEDY CLAYTON CONFIRMATION: It’s unclear if Senate Republicans will be able to move at the lightning speed they’d hoped to in confirming Jay Clayton to serve as director of national intelligence by the end of the week. If every Senate Intelligence member agrees, Clayton could get a committee vote Thursday following his Wednesday hearing. Confirming Clayton on the Senate floor hours later would require getting agreement from every senator to speed up the process. Opposition from a single member would punt a vote to next week.
— THUNE AIMS FOR HOUSING BILL PASSAGE THIS WEEK: Thune is hoping his chamber can pass an updated version of a bipartisan housing affordability bill by the end of the week. The legislation comes after talks between Thune, Senate Banking Chair Tim Scott and ranking member Elizabeth Warren. Two Senate Democratic aides granted anonymity to discuss ongoing plans said the bill was also discussed with the House and the White House.
Katherine Hapgood contributed to this report.
Congress
Senate Republicans want a say on Trump’s Iran deal
President Donald Trump is touting a deal that would end the monthslong war with Iran — and potentially ease some of the political headwinds bearing down on Republicans.
GOP lawmakers still have lots of questions.
The absence of publicly released text for the “memorandum of understanding” Vice President JD Vance reportedly signed with Iranian officials Sunday left an information vacuum on Capitol Hill, where senators of both parties were left airing concerns about what the deal might entail.
Even most Republicans agreed: More information needs to come to Congress soon, and any agreement touching on the future of the Iranian nuclear program would have to eventually be subject to a congressional vote.
“If you want a deal to last, it can’t be an executive agreement,” said Sen. James Lankford (R-Okla.). “We’ve got to have a vote of Congress to be able to solidify [it] long term.”
The bipartisan scrutiny of the long-brewing agreement is a legacy of the last Iran nuclear deal, consummated more than a decade ago by then-President Barack Obama amid a bipartisan uproar over trading sanctions relief and cash concessions to the Iranian regime in return for curbs on its nuclear ambitions.
Trump withdrew from the deal in his first term, and now he is back with an agreement that — pending release of the text and final negotiations yet to come — could end up looking like Obama’s deal. That has raised the hackles of both defense hawks who despised the original agreement, known as the Joint Comprehensive Plan of Action (JCPOA), and Democrats who believe Trump never should have left it in the first place.
Sen. Lindsey Graham (R-S.C.), one of those defense hawks, told reporters that he was “pulling for a deal,” while also making note of serious discrepancies in the terms that have emerged thus far.
“The MOU being described by us sounds really very good; the MOU being described by Iran sounds awful,” Graham said.
“If they can enrich [uranium] anywhere at all, then it’s the same as JCPOA. If they can’t enrich, then that makes it a good deal,” he continued, adding in a separate conversation that he was “skeptical that Iran will ever go there” to cease enrichment.
The Trump administration said it expects release of the memorandum of understanding no later than Friday.
The possibility that Congress would take any kind of vote on the agreement is also a legacy of the 2015 deal. Amid bipartisan concern about the Obama administration’s pursuit of nuclear talks, the GOP-controlled House and Senate that year passed legislation allowing for congressional review of any agreement dealing with the Iranian nuclear program.
That law, however, does not require Congress to approve a deal — it rather gives it the ability to kill a deal via a disapproval resolution that could be subject to presidential veto. That means each chamber would have to effectively muster a two-thirds majority to block Trump, something it did not come close to doing in 2015.
Senate Majority Leader John Thune said Monday there is “probably some expectation” that his chamber would ultimately vote on the agreement while declining to weigh in on the particulars.
“I just don’t know enough about it yet, and I don’t think even the people who follow this stuff closely up here know that much about it,” he said, adding that he expected Vance or other administration officials to brief members on the deal at some point.
The lack of specificity was par for the course on Capitol Hill Monday, with many senators expressing exasperation that text of the signed agreement has not yet been released.
“If it’s a secret deal, then how can I take it seriously?” Sen. Thom Tillis (R-N.C.) told reporters.
The agreement reportedly includes reopening the Strait of Hormuz to commercial shipping, but it’s not clear to what degree Iran will be required to abandon its nuclear program. Vance indicated in a series of interviews that the administration will attempt to ensure Iran does not develop or obtain a nuclear weapon but left details regarding civilian nuclear facilities and potential uranium enrichment unaddressed.
The White House circulated talking points to Hill Republicans Monday touting the deal including that “Iran will never have a nuclear weapon” and “energy prices … are coming down,” according to a copy of the document reviewed by Blue Light News. The administration also argued in the memo that the agreement “beats” the Obama-era agreement.
In the absence of further details, senators mainly agreed that they wanted a chance to formally review and vote on the deal — even as some Republicans predicted the administration would find a way to avoid that happening.
“I don’t expect that to happen,” Sen. John Cornyn (R-Texas) said about a vote. “They’ll try to write it around the treaty requirements, so I don’t expect we’ll vote on it.”
Sen. Mike Rounds (R-S.D.) said the administration should send the deal to Congress “if they want it to be something other than a political agreement, like the JCPOA was.”
Most congressional Republicans have been eager for Trump to find a way out of the nearly four-month war, which has driven up energy prices ahead of the November elections. Thune predicted Monday that a deal would “have a very positive impact on the economic situation in the country and that obviously will translate into the political situation in the country.”
Some of Trump’s most vocal allies on Capitol Hill praised the agreement Monday.
Sen. Eric Schmitt (R-Mo.) said has had conversations with senior White House officials and he was “very hopeful.” Sen. Bernie Moreno (R-Ohio), who is likely the next Senate GOP campaign chair, added on X: “President Trump deserves our trust and support as he works to bring peace to the Middle East.”
Democrats were largely keeping their powder dry Monday on how they would handle a vote on the agreement. Some could find it hard to oppose a deal that ends hostilities on negotiated terms roughly similar to what was secured under a Democratic president in 2015.
But plenty of Democrats questioned what was gained by the conflict.
“We still don’t know the details,” Minority Leader Chuck Schumer said on the Senate floor. “The American people need to know exactly what’s in the deal. … We know this for certain: We are worse off than before Trump began his foolish war of choice.”
Meredith Lee Hill contributed to this report.
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