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Lindsey Graham

Trump Tries to Seize ‘the Power of the Purse’

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 01 › trump-executive-order-spending-congress › 681484

Buried within one of the dozens of executive orders that President Donald Trump issued in his first days in office is a section titled “Terminating the Green New Deal.” As presidential directives go, this one initially seemed like a joke. The Green New Deal exists mostly in the dreams of climate activists; it has never been fully enacted into law.

The next line of Trump’s order, however, made clear he is quite serious: “All agencies shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 or the Infrastructure Investment and Jobs Act.” The president is apparently using “the Green New Deal” as a shorthand for any federal spending on climate change. But the two laws he targets address much more than that: The $900 billion IRA not only funds clean-energy programs but also lowers prescription-drug prices, while the $1.2 trillion bipartisan infrastructure law represents the biggest investment in roads, bridges, airports, and public transportation in decades. And the government has spent only a portion of each.

In one sentence, Trump appears to have cut off hundreds of billions of dollars in spending that Congress has already approved, torching Joe Biden’s two most significant legislative accomplishments. The order stunned even some Republicans, many of whom supported the infrastructure law and have taken credit for its investments.

And Trump didn’t stop there. Yesterday, the White House ordered a pause on all federal grants and loans—a move that could put on hold an additional tens of billions of dollars already approved by Congress, touching many corners of American life. Democrats and government watchdogs see the directives as an opening salvo in a fight over the separation of powers, launched by a president bent on defying Congress’s will. “It’s an illegal executive order, and it’s stealing,” Representative Rosa DeLauro of Connecticut, the top Democrat on the House Appropriations Committee, told me, referring to the order targeting the IRA and infrastructure law.

Withholding money approved by Congress “undermines the entire architecture of the Constitution,” Democratic Senator Chris Van Hollen of Maryland told me. “It essentially makes the president into a king.” Last night, Senate Minority Leader Chuck Schumer said that Trump’s freeze on federal grants and loans “blatantly disobeys the law.”

The Constitution gives Congress the so-called power of the purse—that is, the House and the Senate decide how much money the government spends and where it goes. Since 1974, a federal law known as the Impoundment Control Act has prohibited the executive branch from spending less than the amount of money that Congress appropriates for a given program or purpose. During Trump’s first term, the nonpartisan Government Accountability Office found that the administration had violated that law by holding up aid to Ukraine—a move that became central to Trump’s 2019 impeachment.

[Jonathan Chait: Trump’s second term might have already peaked]

Trump has argued that the Impoundment Control Act is unconstitutional, and so has his nominee for budget director, Russell Vought, who had the same job at the end of the president’s first term. Vought also helped write Project 2025, the conservative-governing blueprint that attracted so many attacks from Democrats that Trump disavowed it during the campaign.

In his Senate confirmation hearings this month, Vought repeatedly refused to commit to abiding by the impoundment act even as he acknowledged that it is “the law of the land.” “For 200 years, presidents had the ability to spend less than an appropriation if they could do it for less,” he told senators at his first hearing. During his second appearance, when Van Hollen asked him whether he would comply with the law, Vought did not answer directly. “Senator, the president ran against the Impoundment Control Act,” he replied. His defiance astonished Democrats. “It’s absolutely outrageous,” Van Hollen told me.

The pause on funds for the Biden-signed laws did not draw as much attention as other moves Trump made on his first day back in the White House, especially his blanket pardons for January 6 defendants. Nor was it the only one that appeared to test the limits of his authority. A separate executive order froze nearly all foreign aid for 90 days, while others targeted birthright citizenship and civil-service protections for federal employees.

But the order cutting off spending for the IRA and the infrastructure law could have far-reaching implications. State and municipal governments in both Democratic and Republican jurisdictions worry that they may not be able to use investments and grants that the federal government promised them. “It’s creating chaos,” DeLauro said. “I honestly don’t think the people who are dealing with this know what they are doing.” She listed a range of popular and economically significant programs that appear to be on pause, including assistance for home-energy bills and money to replace lead pipes that contaminate drinking water.

“It was alarming,” Representative Don Bacon of Nebraska told me. Bacon, a Republican who narrowly won reelection in a district Trump lost, called the White House after reading the text of last week’s executive order to seek assurance that money he’d secured for Nebraska—including $73 million to upgrade Omaha’s airport—wouldn’t be stopped.

The immediate confusion became so intense that a day after Trump signed the order, the White House issued a memo seeking to clarify its scope that seemed to slightly narrow its impact and open the door for some spending to continue. Bacon told me that he was assured the directive applied mostly to Biden’s electric-vehicle mandate, which Trump railed against on the campaign trail and is part of the IRA. DeLauro, however, said the memo offered little clarity: “Everything is at risk.”

Yesterday’s memo extending the funding pause to all federal grant and loan programs set off another frenzy. The directive sought to exempt Medicare and Social Security recipients, as well as other direct aid to individuals. But according to a copy of the memo published by The Washington Post, it explicitly targets “financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”

Whether the funding pause constitutes an illegal impoundment is unclear. The executive branch does have some latitude in how it spends money. And yesterday’s memo instructs federal agencies to halt funding only “to the extent permissible under applicable law.” Describing last week’s order targeting the IRA and infrastructure law, Vought told senators that it was merely a “programmatic delay,” a term that arguably falls within what federal departments are allowed to do.

More broadly, executive orders are frequently less consequential than they appear, Nicholas Bagley, a law professor at the University of Michigan and occasional Atlantic contributor, told me about last week’s directive. “It’s one thing to try to get a really nice headline for cutting back on government spending. It’s another thing altogether to decline to spend money that people are expecting you to spend,” Bagley said. “I would not be surprised if rhetoric does not match reality.”

To Charlie Ellsworth, a senior adviser with the nonprofit watchdog Congressional Integrity Project, Trump’s executive order on clean energy unmistakably oversteps the law. “They could have done this legally, but they didn’t,” Ellsworth, a former Schumer aide, told me. A new administration, for example, could have justified a pause in spending to ensure that a program was being funded in accordance with the law. But the order instead instructs agencies to ensure that the spending aligns with new policies set by the Trump administration. Ellsworth said that the order is “self-evidently” illegal.

The fight is almost certain to wind up in the courts, which have repeatedly ruled against the president’s ability to withhold funds appropriated by Congress. Indeed, Vought’s Senate testimony seemed to invite a legal challenge that could lead the Supreme Court, now with a 6–3 conservative majority and three Trump-appointed justices, to reconsider the question. “That seems to be their game plan,” Ellsworth said. “They want to get sued. They want to go to the Supreme Court.”

Van Hollen told me that he believes the Court would rule against Trump but that preferably the dispute won’t get that far. “You would hope that Republicans in Congress recognize they have an institutional interest in protecting Article I [of the Constitution] and the power of the purse, which is clearly congressional,” Van Hollen said.

[David A. Graham: It’s already different]

Beyond the question of legality, Van Hollen warned that Trump’s orders would jeopardize virtually all negotiations over spending on Capitol Hill, because Democrats would not be able to trust the administration to keep its end of any agreement. Although Republicans have majorities in both the House and the Senate, they will need to strike deals with Democrats to avert government shutdowns and a catastrophic default on U.S. debt.

There were early signs of GOP pushback on last week’s spending freeze, but it fell well short of a revolt. Senator Rand Paul of Kentucky, the chair of the Homeland and Governmental Affairs Committee, said at one of Vought’s hearings that he disagreed with the administration’s view on spending and impoundments. “I think if we appropriate something for a cause, that’s where it’s supposed to go, and that will still be my position,” Paul said. And Senator Lindsey Graham of South Carolina, the chair of the Budget Committee, said at a second Vought hearing that he, too, had “concerns” about impoundment. But neither of them planned to stand in the way of the nominee who has argued for the president to wrest control of spending from Congress. “When you win, you get to pick people,” Graham told Vought. “And I’m glad he picked you.”

On the Republican side, the fight might be left to lawmakers such as Bacon, who has some protection from presidential retribution because he represents a purple district where voters might reward him for standing up to Trump. The GOP, he said, should go after policies it opposes through legislation, not executive order. “You just can’t determine what laws you want to execute and what you don’t,” Bacon said of Trump. Executive orders, he added, “have gotten out of hand” from presidents in both parties. “You can’t change the law,” Bacon said. “I think Republicans should stay true to that notion.”

The Strategy Behind Trump’s Policy Blitz

The Atlantic

www.theatlantic.com › politics › archive › 2025 › 01 › trump-executive-actions-week-one › 681486

The staff was still setting up dinner on Mar-a-Lago’s outdoor patio on a balmy early-January evening when Donald Trump sat down. He was surrounded by several top advisers who would soon join him in the West Wing and who wanted to get his input before his attention shifted to his wealthy guests and Palm Beach club members.

Susie Wiles, the incoming chief of staff, led the conversation, listing some of the dozens of executive orders that had been teed up for Trump’s signature once he reclaimed the presidency. She wanted to talk about sequencing, according to a Trump adviser present at the meeting, speaking on the condition of anonymity to discuss private conversations. How would he like to stagger the orders over the first few weeks back in office?

“No,” Trump replied, this person told me. “I want to sign as many as possible as soon as we show up.”

“Day one,” he said.

Trump has followed through on the promise of an onslaught, unleashing in his first week more than two dozen executive orders, holding a nearly hour-long news conference and other question-and-answer-filled public appearances, and posting several times a day on social media. Some of this, of course, is in Trump’s nature. He is an inveterate showman whose instincts are to seek attention and dominate the discussion.

[Jonathan Chait: Trump’s second term might have already peaked]

But this time around, Trump’s ubiquity is also a deliberate strategy, several of his aides and allies told me. Part of the point is to send a message to the American people that their self-declared “favorite” president is getting things done. The person at the Palm Beach meeting and another Trump adviser, who also requested anonymity to describe private conversations, told me that the White House’s flood of orders and news is also designed to disorient already despairing Democratic foes, leaving them so battered that they won’t be able to mount a cohesive opposition.

Trump’s actions in his first week have been a mix of signal and noise, of distraction and seriousness. He has taken some defeats. But Trump has succeeded, at least, in creating a stark contrast with the quiet of his predecessor, and in (yet again) shifting the nation’s political discourse back toward him. And compared with 2017, the resistance has been far more muted. The Democrats, without an obvious head of the party and still digging out from November’s election disappointment, have yet to make a focused counterargument to Trump, instead getting largely drowned out in the national discourse.

“This is four years in the making. It’s days of thunder. The scale and the depth of this has blown the Democrats out. It’s blown out the media,” Steve Bannon, a former senior White House aide who still informally advises Trump, told me. “He vowed to start fast and now knows what he’s doing. This is a totally different guy than in 2017.”

When Trump left office in disgrace after the January 6, 2021, insurrection, former administration officials, conservative lawyers, and think-tank researchers began drafting orders and legislation—most famously, the Heritage Foundation initiative known as Project 2025—that could act as the foundation of a Trump revival. And after he won, his inner circle made clear that this time the administration would be staffed with true loyalists.

Wiles, who also co-chaired Trump’s campaign, told a closed-door gathering of Republican donors in Las Vegas in the early days of the transition that the president’s first moves would be to reinstate some executive orders from his first term that President Joe Biden had revoked, according one of the Trump advisers and another person familiar with the meeting. Wiles told the private gathering, for a group called the Rockbridge Network, that Trump would begin by withdrawing from the Paris climate treaty and the World Health Organization. Trump, indeed, signed those orders on his first day back in office, but they were only two of the directives to which he affixed his signature—with a giant Sharpie—in ceremonies held at the Capitol; inside a sports arena in Washington, D.C.; and in the Oval Office during his inauguration festivities and in the days that followed.

His executive orders so far have covered immigration, trade, demographic diversity, civil rights, and the hiring of federal workers. Trump ordered DEI (diversity, equity, and inclusion) programs in the federal government to be eliminated. He curtailed the Department of Justice’s civil-rights investigations. Federal health agencies were ordered to halt public communications. And he moved to expand presidential power by eliminating protections for federal workers—so he could more easily staff agencies with supporters—and by refusing, without citing any legal authority, to uphold the U.S. ban on TikTok despite a unanimous Supreme Court ruling in the ban’s favor.

“The EOs are so much better-executed now,” Bannon told me. “Back in 2017, we were writing things on the back of envelopes. It was like a playground game, shirts and skins. Now they have good people working, real lawyers.”

Some of Trump’s moves have been symbolic, such as one order to rename the Gulf of Mexico as the Gulf of America and another to insist that, even in national times of mourning, flags be flown at full staff on Inauguration Day. Others ordered government reviews—to examine China’s compliance with trade deals, for example, or the feasibility of creating an External Revenue Service to collect tariffs—but might not have real heft. If it was hard to tell the difference between what was real and what was for show, that was by design, the two advisers told me—to make it difficult for Trump’s opponents to focus their outrage.

His aides debated for weeks about how to enact his campaign pledge to pardon the January 6 rioters, whom the incoming president had declared “hostages.” Days before Trump took office, many advisers, including Vice President J. D. Vance, expected that pardons would be issued for many of the offenders but not, at least immediately, for those convicted of violent crimes, including assaulting police officers. But Trump overruled them, issuing a blanket pardon, and he included commutations for the leaders of the Oath Keepers and Proud Boys, each of whom had been sentenced to more than 15 years in prison for seditious conspiracy. The two Trump advisers said that Trump thought leaving anyone out would invalidate the underpinning of the Capitol riot—his insistence that he won the 2020 presidential election. Trump also decided that any blowback would be manageable.

[Read: Trump’s first shot in his war on the ‘deep state’]

Not everything has worked out for Trump in his first week. Even some staunch Trump allies recoiled from the pardons for violent January 6 offenders; Senator Lindsey Graham called them “a mistake” on Meet the Press. Perhaps most notable, Trump’s move to end birthright citizenship generated a wave of legal action and was blocked by a federal judge. On his first day in office, Trump took on the Fourteenth Amendment by issuing a directive to federal agencies to stop issuing citizenship documents to children born on U.S. soil to parents in the country illegally or under temporary visas. The U.S. government has long interpreted the Fourteenth Amendment to mean that those born on American soil are citizens at birth, regardless of their parents’ immigration status. The U.S. district court judge who blocked the order, John Coughenour, called it “blatantly unconstitutional” and told a Trump administration attorney, “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order.”

Trump has also struggled to achieve his goal of fast-tracking Cabinet confirmations in the early days of his administration. His choice for secretary of defense, Pete Hegseth, became the first Pentagon nominee to require the tie-breaking vote of the vice president to be confirmed. And Trump’s team is even more concerned about his pick for director of national intelligence, former Representative Tulsi Gabbard. The president’s aides are not certain that she has the needed support, and Trump himself has expressed some doubt that she’ll be confirmed, the two Trump advisers told me.

Despite these stumbles, the White House has reveled in Trump’s bombastic, over-the-top style, believing that his message is breaking through. Immigration officers have conducted raids in Chicago; Newark, New Jersey; and other cities. A dozen Guatemalan men in shackles were boarded onto a military aircraft in El Paso, Texas, for the deportation flight to their native country, according to the Department of Homeland Security. Trump threatened tariffs on Colombia in a tiff, now seemingly resolved, over deportation flights. His advisers have also aimed to keep the media off-balance. The White House press office has not sent out a daily schedule to reporters, and has given little notice for Trump’s events. White House Press Secretary Karoline Leavitt has yet to hold a formal briefing (though the first is tentatively slated for later today).

The speed and volume of Trump’s orders so far seem to be scrambling the left. Millions of protesters marched in cities across the nation on January 21, 2017. Democratic civic groups exploded in popularity, liberals organized voter-registration drives, and cable-TV ratings and newspaper subscriptions soared. Late-night comics made Trump their top punch line. Trump’s hastily written travel ban on Muslim-majority countries went into effect seven days into his term in 2017, sending lawyers and even ordinary citizens sprinting to airports to assist those who were suddenly subject to detainment. That moment, in many ways, was the early high-water mark of the resistance and set a template for the Democrats’ defiance going forward.

Yesterday marked the first week of Trump’s second term. No large-scale protests have taken place. House Minority Leader Hakeem Jeffries argued during last week’s caucus meeting that Democrats cannot chase every outrage, because the Trump administration will “flood the zone” with maddening changes, one person in the room told me. In a Saturday Night Live sketch this past weekend, the show’s Trump character shut down a performance based on Lin-Manuel Miranda’s Hamilton, which became a liberal totem a decade ago. The mood among Democrats, at least in some quarters, feels more like resignation than resistance.

So far, the action on the left has been centered more in the courtrooms than in the streets. Deirdre Schifeling, the chief political and advocacy officer of the American Civil Liberties Union, told me that the organization has filed lawsuits to contest a variety of Trump’s immigration orders and has worked to train volunteers in dozens of states to help local officials in responding to the administration’s plans.

“We’re in a different moment. People are not as surprised as the first time. But I would not mistake that for a lack of willingness to fight,” Schifeling said. “It seems like this first week is one giant test balloon—seeing what will stick, seeing what they can get away with. It’s incumbent on all of us to stay calm and firmly push back on them. Don’t give them an inch.”

[David A. Graham: It’s already different]

Jennifer Palmieri, a longtime Democratic strategist who served as White House communications director for Barack Obama and worked on Hillary Clinton’s and Kamala Harris’s campaigns, told me that Democrats “can’t stay demoralized” and must recognize that Trump proposed “an agenda that people bought into”—that even gave him a popular-vote victory.

“Now [we need] to stay most focused on those issues—like prices—which he is the most vulnerable on,” Palmieri said. Inflation was a core campaign issue, and Trump himself noted during the transition that he “won on groceries,” telling Meet the Press in December, “We’re going to bring those prices way down.”

“It’s a tangible thing, and he needs to deliver,” Palmieri said.

That hasn’t started happening yet. For all the shock and awe of Trump’s first week, none of his initial actions directly took on inflation. But nor are Democrats making Trump look particularly vulnerable.