Congress
Even some Republicans want this watchdog agency to sue Trump
Members of Congress are desperate for backup in their battle with the Trump administration over control of federal cash. The oversight agency that would lean into that fight is sitting on its hands.
The independent Government Accountability Office concluded earlier this week that the White House illegally withheld more than $1 billion for education and health care research programs — the latest in more than a half-dozen such findings GAO has published since the start of President Donald Trump’s second term.
But the agency has yet to use its unique power to take the president to court to challenge those “impoundments,” and lawmakers who are tired of the administration running roughshod over their funding prerogatives want GAO to act.
There’s one problem: GAO is currently run by an interim director, acting Comptroller General Orice Williams Brown, because the Senate has yet to confirm a long-term replacement following her predecessor’s retirement last year. And lawmakers fear she’s reluctant to exercise her temporary authority to take such dramatic legal action.
“They are empowered to sue,” Sen. Susan Collins (R-Maine), chair of the Senate Appropriations Committee, told reporters last week. “I think the biggest problem is that we have an acting director of the GAO, who understandably is wary of suing the administration without direct congressional approval.”
The recent rulings came on the heels of Trump’s unilateral cancellation of $810 million in other congressionally approved spending the previous week — which GAO quickly deemed illegal — as well as his decision to allow hundreds of millions more to expire as the fiscal year ended Sept. 30.
The search for a permanent GAO leader, meanwhile, appears to be at a standstill. A designated group of 10 senior lawmakers is supposed to be searching for replacement candidates to recommend for Trump’s nomination, but the members have yet to meet — nine months since former Comptroller General Gene Dodaro departed at the end of his 15-year term.
“We would like a GAO director who’s a man or a woman of integrity and going to do the job that needs to be done. That’s our focus,” said Sen. Gary Peters of Michigan, who is part of the selection group as the top Democrat on the Homeland Security and Governmental Affairs Committee.
He said it was accurate that the group has made no progress toward recommending nominees.
The Washington Sun reported Thursday that the administration has floated the idea of Trump nominating Eric Ueland, a top official at the White House budget office and former longtime Senate aide, to head GAO. Blue Light News has not independently confirmed the potential nomination.
If Ueland is nominated, however, there is no guarantee he would have the votes for confirmation in a narrowly divided Senate, given the perception of his loyalty to the president and doubt he would challenge Trump’s funding moves.
In the meantime, lawmakers in both parties are urging the acting director to sue, while a GAO spokesperson maintains that the agency “has not made a decision to file any lawsuits at this time” and that the acting comptroller general “legally exercises all the functions and duties” of the role.
The fact that GAO is operating without a Senate-confirmed leader “is definitely stifling their ability to hold the administration accountable,” Sen. Chris Van Hollen (D-Md.) said in an interview, adding that he believed Dodaro was “clearly building toward making a case” prior to his retirement.
Dodaro said in an interview during his final days at GAO that he considered a lawsuit against the Trump administration “a last resort.” He explained that “in every case we’ve identified so far, people were already suing” and that “Congress has the ability to correct these things and to deal with the distribution of funds.”
What the former inspector general did not expect, however, is the Supreme Court’s suggestion last fall that GAO is the only entity with standing to sue the Trump administration for violating the decades-old Impoundment Control Act, which was designed to ensure presidents spend all the money Congress approves.
Dodaro said he was “surprised” by that suggestion, given his belief that “the law is very clear that GAO’s ability to sue doesn’t preclude anybody else from suing.”
A year later, the president has continued to flout Congress’ authority to dictate how federal dollars get spent. Top administration officials and some Republicans in Congress have publicly belittled GAO as a partisan and noncredible oversight agency since Trump’s return to office.
And after the federal watchdog concluded last week that Trump’s recent funding cancellation is unconstitutional, White House budget director Russ Vought claimed on social media that GAO makes its “legal assessments based on whether Democrats are in the White House.”
Potentially bolstering GAO’s arguments in a lawsuit, lawmakers added provisions to the government funding bills Trump signed into law this year designed to protect their own power of the purse, though Republicans bucked Democratic demands to enact the most aggressive constraints — including to block Trump’s ability to cancel federal dollars at the end of the fiscal year.
Some Republicans are now embracing more stringent methods to stifle Trump’s funding moves, however, after he slashed hundreds of millions dollars through the “pocket rescissions” tactic last month.
“I’m very disappointed in their action here, and it will have to be rectified,” Sen. Mike Rounds, a South Dakota Republican, said about Trump’s latest funding cancellation in an interview.
But he also said he doesn’t know if GAO or another entity should sue: “I’m not sure who should do it. All I know is I want a different result than what we have right now.”
Sen. Ron Johnson is sending a letter Monday requesting a conference meeting to discuss the midterm results and a delay in the leadership election.
Johnson has gathered enough signatures to force the meeting under the Senate GOP’s rules and is proposing the gathering for 9 a.m. Tuesday.
“Tuesday’s result was a stunning defeat,” Johnson and his backers write in the letter to Conference Chair Tom Cotton (R-Ark.), a copy of which was obtained by POLITICO. “Holding leadership elections without engaging in a robust discussion and evaluation of how those running for leadership intend to lead would be political malpractice”
Republicans still expect their leadership election to be held Tuesday, where Majority Leader John Thune is so far unopposed to lead the party next year in the minority.
Sen. Chris Murphy announced Friday that he has been released from the hospital after suffering a stroke last week, but will miss “several weeks” of Senate votes while he continues to recover.
“The doctors are very encouraged by the progress I’ve made so far,” the Connecticut Democrat said in a statement. “In order to take my recovery seriously and get back to work on the quickest timeline possible, I will be spending several weeks at a rehabilitation center after being discharged from the hospital today.”
He added that he remains in touch remotely with his staff and colleagues.
Murphy, who was hospitalized last weekend, said Friday that he was “diagnosed with a small bleed in the thalamus region of my brain.” Jose Suarez, the Chief of Neurosciences Critical Care at The Johns Hopkins Hospital, said in a separate statement released by Murphy’s office that the senator “experienced a small hemorrhagic stroke.”
“He has shown tremendous progress, and at the current rate of improvement, we expect that he will make a full recovery following rehabilitation,” Suarez added.
Murphy is the latest senator to suffer a stroke in recent years. Sens. Chris Van Hollen (D-Md.) and Ben Ray Lujan (D-N.M.) were both hospitalized for strokes in 2022. Sen. John Fetterman (D-Pa.), at that time a Senate candidate, also had a stroke in 2022 that he later described as near fatal.
The head of the Congressional Progressive Caucus said his group will still be power brokers in a massive Democratic majority in a strategy memo previewing plans for next term.
“While some in the press have speculated that a majority of this size undermines our influence within the caucus, they have it exactly backwards,” Rep. Greg Casar of Texas said in the Friday memo obtained by Blue Light News. “Big majorities are good for getting big things done. Our goal is not to win a battle against other Democratic caucuses. It is to pass longstanding progressive priorities that bring down costs, root out corruption, and boost wages.”
The CPC will have at least 105 members next term, according to the memo. If Democrats had a narrow majority, progressives — and any other faction in the caucus — could have used their votes as leverage. Now that presumptive speaker Hakeem Jeffries will have as many 30 votes to spare, Democrats broadly are recalibrating their approach next term.
Casar laid out a “three-pronged” strategy for the CPC to “wield our power” in the three-page memo — tackling legislation, oversight and “holding Donald Trump to his word on populist economic policies.”
“Small majorities give corporate special interest groups the ability to block popular populist policies by recruiting a small number of opponents; a big majority gives us the advantage,” he said.
Casar previewed how the CPC can engage with Trump, noting that “one of the few bright spots for bipartisan lawmaking” was a housing bill that banned private equity firms from buying homes. He noted the caucus should push Trump to cap credit card interest rates, lower credit card fees for small businesses and lower prescription drug costs.
“While we oppose [Trump] strongly on the vast majority of fronts, we should send bills to his desk that would lower prices and raise paychecks. If he signs them, good. If he vetoes those bills, that will propel us to a continued Democratic majority and a trifecta where a Democratic president can sign these proposals into law,” he said.
Casar also outlined oversight targets beyond the administration, urging Democrats to specifically investigate corporations that use customer data for “surveillance pricing,” health care companies that are “taking advantage of seniors” through the Medicare Advantage program and artificial intelligence labs who are “putting jobs and lives at risk.”
“By focusing not just on the Trump administration but also on big corporations and billionaires, we will show the American people we are not just anti-Trump but also pro-worker and pro-consumer,” he said.
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