The Dictatorship
Trump is daring anyone to stop his illegal funding freeze
When President Donald Trump named Russel Vought to run the Office of Management and Budget, I warned it was a sign that his administration intended to seize total control of federal spending from Congress. Two weeks ago, I said that if Vought were confirmed, billions of dollars in projects would go unfunded at the president’s whim, no matter what legislators have said.
I was wrong. They didn’t even wait for Vought to be confirmed.
Instead, on Monday night, OMB’s acting director, Matthew J. Vaeth, sent a memo across the federal government ordering a freeze of “all Federal financial assistance.” The memo insists on calling this a “pause.” A federal judge intervened on Tuesday afternoon, issuing an administrative stay to hold off on the OMB order being fully implemented until Monday at soonest. But beyond the immediate and likely catastrophic impact of halting, even briefly, any portion of the $3 trillion in annual spending Vaeth cites, the memo serves as a reminder that any “temporary” power that Trump claims for himself won’t be easily relinquished.
While Vaeth was anything but vague about the reasoning behind the funding freeze, the scope of the pause itself has been wildly confusing.
“The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve,” Vaeth wrote in the memowhich was first reported by Marisa Kabas of The Handbasket. It then required federal agencies to go through all grants and loans that it doles out to ensure that they align with the firehose of executive orders that Trump has issued. In the meantime, Vaeth ordered agencies to “temporarily pause” any programs that could contradict those orders “including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”
While Vaeth was anything but vague about the reasoning behind the funding freeze, the scope of the pause itself has been wildly confusing. While exempting programs that provide assistance “directly to individuals,” as well as Social Security and Medicare, the order could potentially affect a big and broad swath of programming. Accompanying the memo was a nearly 900-page spreadsheet for officials to plug in the details of their programs and identify which funding is legally required to be distributed before March 15, when the current short-term spending bill runs out of money. And because the two-page memo lacked specific guidance, the odds are good that program officials — with the encouragement of their newly installed political minderswho the order tasks with overseeing this process— will err on the side of shutting down anything that could conceivably fall into one of Vaeth’s ideological buckets.
For a glimpse at how this will play out in the short term, look to the halt on foreign aid handed down last week. That freeze didn’t just call for a review but a “stop work” order for all currently funded programs. On Monday, several U.S. Agency for International Development staffers were placed on leave for supposedly violating the pause — a warning to others who might want to keep doing their jobs in the face of a blatantly illegal order. Since that halt, a sense of confusion and concern has reigned in the international aid community.
The mess will surely worsen now that domestic programs are included. Not even the administration seems to know the scope of what it’s asking: When reporters asked White House press secretary Karoline Leavitt, at her first briefing, if Medicaid would be affected, she replied, “I’ll check back on that and get back to you.” OMB itself issued a follow-up that said Medicaid, SNAP, Pell grants and “other similar programs” will not be paused.
The shifting guidance has had nigh-cartoonish consequences. The spokesperson for Meals on Wheels on Tuesday told HuffPost’s Arthur Delaney that “the uncertainty right now is creating chaos for local Meals on Wheels providers not knowing whether they should be serving meals today.” (Leavitt said at her briefing that the group would not be included in the pause.) The idea that a program as innocuous seeming as Meals on Wheels could see its funding frozen may seem absurd. But as we saw with “anti-woke” laws in Floridavagueness prompts pre-emptive cooperation and censorship from those who fear retaliation. Can anyone say with a straight face they know for sure whether MAGA views feeding the elderly as overly “inclusionary” for old people?
Aside from being a major crisis for these organizations, the memo from OMB is a bright red warning sign that any funding the White House “temporarily” pauses could easily become permanently blocked. Under the Impound Control Act of 1974it doesn’t matter if Trump doesn’t like how federal money is being spent. He simply doesn’t have the power to withhold, or “impound,” funds that Congress has appropriated. There are a few exceptions to this, but as University of Michigan law professor Sam Bagenstos noted on Blueskyeven temporary pauses are illegal under the Impound Control Act. But in his Senate confirmation hearing this month, Vought said that he thinks the act is unconstitutional. He has argued in the past that a president can unilaterally withhold whatever funding doesn’t align with his vision. And if Congress doesn’t like it, Vought says, that’s too bad.
With Congress inactive, that leaves enforcement most likely up to the courts.
Speaking of Congress, the ranking Democrats from the House and Senate Appropriations Committees wrote to OMB on Monday night to demand that Vaeth “reverse course to ensure requirements enacted into law are faithfully met and the nation’s spending laws are implemented as intended.” House Democrats are meanwhile out of town for the week but holding an emergency virtual caucus meeting on Wednesday afternoon to discuss the “illegal Republican funding freeze.”
But it seems congressional Republicans are more than happy to give up their power of the purse. The GOP-controlled Senate shows no signs of delaying confirmation of Vought or any of Trump’s other nominees, even as the president effectively strips legislators of their authority. Amazingly, House Appropriations Chair Rep. Tom Cole, R-Okla., is apparently unclear on whether appropriations even count as “laws” rather than a “directive.” (They do, but it really shows how far we’ve come from when the House Appropriations chair was one of the most powerful positions in the country.)
With Congress inactive, that leaves enforcement most likely up to the courts. Democratic state attorneys general are already preparing a lawsuit to get the freeze overturned, and further briefings will soon move forward in the suit from an NGO that prompted Tuesday’s administrative stay, setting us up for a potential speed run to the Supreme Court. Given Chief Justice John Roberts’ views about the separation of powersit’s hard to see him lining up against the Impound Control Act and its clear support for Congress’ Article I control over federal spending. But as the Prospect’s Daniel Dayen notedit’s clear that the administration wanted to be sued over this action and that Trump’s advisers are confident their cause will prevail among enough justices to win out.
As the matter winds through the courts, Democrats can’t sit back and let this slide. There needs to be members of Congress hitting every local news station to explain why popular programs like Head Start might be shuttered if deemed a “DEI initiative,” how the GOP is glad people’s medical bills aren’t being paidand exactly who is to blame. Further, it should be a no-brainer that any funding bill that requires Democratic support — including keeping the government open in mid-March — must include clear language repudiating Trump’s cash grab before it receives a single Democratic vote. Anything less will be an open invitation for this administration to continue attacking both our constitutional system and the millions of Americans who depend on the funds Trump is illegally slashing.
Hayes Brown is a writer and editor for BLN Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.
President Donald Trump celebrating his 80th birthday with UFC fights on the White House lawn was classless enough. Then Josh Hokit was given a microphone. After the UFC fighter won his cage match at Trump’s flamboyant celebration Sunday night, Hokit, who spoke mostly in disturbingly trite rhymes after his win, managed to further degrade the event. At the conclusion of his post-fight interview with announcer, podcaster and manosphere extraordinaire Joe Rogan, the athlete declared,“Michelle Obama is a man. Am I right, America?”
Many in the crowd of thousands of UFC fans ate it up, and expecting anything less would require an exceptional level of delusion. Misogynoir and transphobia have been lobbed against Obama at least since 2008, when America elected her husband, Barack Obama, president.
Misogynoir and transphobia have been lobbed against Obama at least since 2008, when America elected her husband, Barack Obama, president.
Misogynoir was coined by academic Moya Bailey in 2008 to describe the intertwining of racism and misogyny that targets Black women. As pervasive as it is, it took 15 yearsfor Merriam-Webster to add the word to its dictionary. Even in writing this piece, each time I’ve typed the term, spell-check suggests I have made a typo.
While it’s tempting to categorize Hokit’s remark as random, it was fully on brand for the athlete. ESPN reported, “In his post-fight interview at UFC 324 in January, Hokit called WNBA star Brittney Griner ‘a man.’”
He’s the poster child for misogynoir.
But his statement was also characteristic of the machismo that drove the event itself. Trump’s entire political persona is crafted in the mold of a strongmanan archetype that couldn’t exist without toxic masculinity. And when he was elected to the presidency a second time, Trump brought back to the forefront an erroneous vision of manhood. Hokit, and a lamentable number of other public figures, have since been empowered to espouse misogyny and preach the shallow gospel of toxic masculinity.
But showmanshiprepressed emotionality and a desperate adherence to benighted notions of manhood alone don’t suffice. Toxic masculinity also requires an allegiance to the desirability politics that are often informed by white supremacy. And Hokit gave it a shoutout Sunday night.
If toxic masculinity is a declaration of what we are expected to perceive as a quintessential depiction of manhood, then completing that picture requires a similar declaration about what we are expected to perceive as a quintessential depiction of womanhood. As has historically been the case, the beauty of Black women, as a whole, doesn’t align with mainstream ideals of attractiveness. So a Trump supporter’s recycling of a racist trope about the first Black first lady being a man was a natural offshoot of Sunday’s glorification of problematic masculinity.
Obama addressed misogynoir-laden and transphobic insults, among others, that she has faced over the years in her 2018 book “Becoming.” She writes, “I’ve smiled for photos with people who call my husband horrible names on national television, but still want a framed keepsake for their mantel. I’ve heard about the swampy parts of the internet that question everything about me, right down to whether I’m a woman or a man. A sitting U.S. congressman has made fun of my butt. I’ve been hurt. I’ve been furious. But mostly, I’ve tried to laugh this stuff off.”
I’ve been furious. But mostly, I’ve tried to laugh this stuff off.
michelle obama in her book “becoming”
Hokit thumping his chest after a violent brawl per the request of a strongman-in-chief, then deriding a high-profile Black female figure as masculine and thus, unappealing, was a true full-circle moment for the manosphere. Notice that Hokit didn’t do a full stop after he insulted Obama. He asked, “Am I right, America?”
At least that part made actual sense — Hokit’s instinct to seek validation is yet another manifestation of toxic masculinity. His question offered a boisterous representation of the need for male approval that exists in the manosphere and the willingness of problematic men to give one another an outsized influence on their behavior. It wasn’t enough for Hokit to disparage a prominent Black woman. He wanted someone to say, “Well done.”
As for his question, the answer is “no.” Hokit was the farthest from “right” as one gets. But the derision of Obama surely scored him brownie points in the manosphere. What better way to secure a nod of respect from the community than to denigrate, arguably, the most high-profile Black woman in the United States while at an event teeming with hypermasculinity?
But neither Obama nor any other woman, Black or otherwise, should have to bear the burden of men insulting them in a desperate quest to secure approbation from other men.
Hokit appears to be developing a habit of ascribing masculinity to Black women. He would be better served by questioning why his idea of manhood includes belittling women for applause.
Zahara Hill is a coordinating producer for MS NOW. She previously worked as a front page editor for HuffPost and the deputy editor for Blavity News.
President Donald Trump, with the support of Republicans in Congress, signed legislation last week funding federal immigration agencies through the end of his term. Americans should know how millions of their taxpayer dollars are being spent on the active destruction of their fellow human beings.
As part of my constitutional oversight responsibilities in Congress, I have visited Delaney Halla privately run detention facility in Newark, New Jersey, four times. From the first time I stepped into Delaney Hall, my worst fears were confirmed.
The smell of sewage permeated the building. The air felt stagnant, and I questioned whether there was adequate ventilation for detainees or staff.
What I witnessed with my own eyes was alarming enough. The smell of sewage permeated the building. The air felt stagnant, and I questioned whether there was adequate ventilation for detainees or staff. In the cafeteria, I saw a space that appeared far too small to accommodate the number of people being held. When I asked how hundreds of detainees were fed, I was told meals were served in waves beginning as early as 4 a.m.
Detainees described freezing temperatures, poor sanitation, spoiled food, isolation and being required to clean bathrooms and showers contaminated with urine and other biological waste without proper protective materials.
The most alarming thing I have witnessed, however, is the treatment — really, the lack of treatment — of people with serious and chronic medical conditions. I believe what I have witnessed at both Delaney Hall and the Elizabeth Detention Center amounts to nothing short of medical abuse.
While the Department of Homeland Security leadership may try to wave away accusations of inhumane treatment, they cannot wave away the effect of their medical negligence — nor should they be allowed to. Every time I have visited both the Delaney and Elizabeth detention centers, I encountered detainees whose health was deteriorating because of the actions overseen by DHS employees and contractors. Individuals with chronic health conditions were not monitored, critical medications are given sporadically or not at all and there is little to no continuity of care for the medically vulnerable.
Individuals with chronic health conditions were not monitored, critical medications are given sporadically or not at all, and there is little to no continuity of care for the medically vulnerable.
One woman detained with diabetes told me she was receiving only a fraction of the medication prescribed by her doctor. When I questioned medical staff, they confirmed her dosage had been reduced shortly after she entered detention without first contacting her pharmacy or physician. They also confirmed blood sugar readings consistent with poorly controlled diabetes.
I spoke with a man who suffered ongoing headaches and hearing loss after striking his head in a fall. He told me he feared seeking additional medical care because he had been warned he could be placed in isolation if sent to the hospital. When I raised the issue with facility leadership, they confirmed isolation was their policy.
Other detainees have described to me equally disturbing experiences, including a woman who said she suffered a miscarriage while in Immigration and Customs Enforcement custody after being denied proper medical care when symptoms first appeared. Another pregnant woman told me she feared for the health of her unborn child because she could not obtain the specialized care her condition requires.
These were not isolated complaints. And together, they paint a picture of a detention system failing to provide adequate medical care to the people in its custody.
The Department of Homeland Security insists healthcare is available inside Delaney Hall. What I witnessed firsthand tells a different story. Detainees may have access to care, but they are not receiving the care that their conditions, diagnoses, doctors or even our own good conscience would warrant.
When I questioned Homeland Security Secretary Markwayne Mullin about whether ICE tracks detainees with chronic illnesses such as diabetes, cancer and heart disease, whether those conditions are regularly monitored and whether independent health officials are allowed to inspect the facility, I did not receive answers. That lack of accountability should concern every American.
The consequences of these failures could be deadly. Severe hypoglycemia can become life-threatening within hours. Heart conditions can rapidly worsen without medication. Untreated infections can become medical emergencies, and the disruption of medication can have life-threatening consequences in the short and long run.
What makes this even more troubling is who is being detained.
Despite the administration’s rhetoric about targeting dangerous criminals, the people I met at Delaney Hall were overwhelmingly low-risk individuals being held for civil immigration violations, not criminal offenses. Some said they had legal status until this administration stripped it away. Others described being picked up off the street, or where they work, or at laundromats, schools and even outside courthouses or routine immigration appointments.
We cannot turn a blind eye to the conditions inside these facilities. Nor can we ignore the role of corporations such as the GEO Group, the company with an estimated $1 billion contract to operate Delaney Hall. Taxpayer dollars are being used to inflict profound human suffering, all too often condoned because those detained are viewed as “other.” To make matters worse, the $70 billion that Congress recently approved for ICE and Customs and Border Protection is in addition to $191 billion previously allocated to DHS with a party-line vote.
The least my Republican colleagues can do now is demand answers about what is happening inside facilities like Delaney Hall and hear firsthand from detainees about what they are experiencing. If they truly listen, they will be moved to action. I know I was.
Because the people I met at Delaney Hall are mothers, fathers, workers and neighbors. They are human beings. They deserve dignity, medical care and due process.
No matter where someone was born or what their immigration status may be, their humanity does not disappear when they enter a detention facility.
The measure of any nation is how it treats the people in its custody. By that standard, what is happening at Delaney Hall is a moral failure that extends far beyond its walls.
And when we allow due process, equal protection under the law and basic human rights to be denied to some, we weaken those protections for everyone. The Constitution is only as strong as our willingness to defend it. We must seek to protect it, starting by closing Delaney Hall.
Analilia Mejia, a Democrat, represents New Jersey’s 11th Congressional District in the U.S. House.
Today’s edition of quick hits.
* Russia’s latest deadly attack in Ukraine: “A large-scale Russian attack on Ukraine killed five rescuers in Kharkiv and wounded at least 20 people in the capital Kyiv on Monday as strikes set apartment buildings ablaze and sparked a fire at one of the country’s most significant religious landmarks. The rescuers were killed in Kharkiv by a second Russian strike as they fought a blaze caused by an earlier attack, Interior Minister Ihor Klymenko said. At least five other emergency workers were wounded.”
* From late last week: “A joint strike by the United States and Venezuela killed a leader of the Tren de Aragua transnational gang, President Trump and officials in both countries said on Friday, dealing a blow to a syndicate the Trump administration has blamed for an influx of violent crime and illicit drugs.”
* The right way to do it: “Hungarian lawmakers on Monday passed a constitutional amendment that would ban Viktor Orbán from returning to power. The amendment, approved by 135 votes in favor and 50 against, would limit prime ministers to just eight years in office if it becomes law. The amendment is written to apply retroactively, meaning that Viktor Orbán could not return as Hungary’s prime minister. Orbán served as prime minister for a total of 20 years.”
* A case we have been keeping an eye on: “A federal judge ordered the Trump administration on Friday to reinstall exhibits and signs on topics like slavery and climate change that it had removed from parks and monuments nationwide because they ‘do not align with its preferred narrative.’”
* Trump’s Department of Justice does what Trump wants: “The Justice Department’s Antitrust Division has signed off on Paramount Skydance’s $111 billion bid for Warner Bros. Discovery. The approval, first reported by Blue Light News, clears a major regulatory hurdle for a deal that has become one of the most closely watched media merger reviews of the Trump era.”
* Failing to make America healthy again: “A relentless measles outbreak in Utah has been spreading for nearly a year, putting the U.S. on a path to losing the measles-elimination status it earned more than two decades ago. Fueling the nearly 12-month outbreak: more parents opting not to vaccinate their children for school; infections hitting communities statewide; and lenient public-health policies on quarantining exposed students.”
* McConnell’s health issues persist: “Sen. Mitch McConnell, R-Ky, was hospitalized on Sunday, according to his spokesperson, who provided no details on the former Senate majority leader’s condition.”
See you tomorrow.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
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