Trump cancels nearly $1B in congressionally appropriated funds via pocket rescission; GOP silent

Trump Cancels Nearly $1 Billion in Congressionally Approved Funds; Republicans Silent

President Trump's decision last week to cancel close to $1 billion in funds already appropriated by Congress has drawn no pushback from Republicans on Capitol Hill.

On Monday, Senate Majority Leader John Thune declined to challenge the "pocket rescission" of $810 million passed by Congress for education and health programs. Thune told Punchbowl News's Andrew Desiderio that "it's something I'm sure will be litigated."

Thune's comments followed a statement from fellow Republican Senator Susan Collins, who chairs the Senate Appropriations Committee. Collins said the move came without warning and that she would address "these illegal actions" with her colleagues.

"Not only is the delay itself an impoundment that was not reported to Congress, but also it is a usurpation of Congress's appropriations powers," Collins said. "[The Office of Management and Budget] is an agency of the executive branch. It does not get to decide which programs are worth funding."

Asked about Collins's statement, Thune replied: "As an appropriator she feels strongly that these are decisions made by appropriators and that the administration doesn't have this authority."

"Whether you agree in substance or not with what they did, you can argue that they be good stewards, and some of these things may be things many of us agree with, but the process by which they did it is gonna be, I assume, subject to a lot of discussion and probably some litigation," Thune added.

The OMB said the funds being slashed were "the most harmful government spending." Most of the canceled funds came from the Department of Health and Human Services's Office of Refugee Resettlement, which helps refugees and unaccompanied immigrant minors. The Trump administration claims the funds are no longer necessary.

Other spending clawed back includes:

• Health research
• An education program for immigrant students
• A minority entrepreneurship initiative
• Housing counseling services
• And more

Trump canceled the funds without giving Congress enough time to respond with legislation or reallocation. The end of the fiscal year is in less than one week, and the House is out of session until after November's midterm elections.

Constitutionally, the power of levying taxes and appropriating federal funds lies with Congress. In theory, the president can send a request to the legislature to cancel funds with 45 days' notice to allow Congress to respond. Trump's rescission did not follow those rules and is likely violating the Constitution.

"This is theft from the American people, plain and simple," Senator Patty Murray, the top Democrat on the appropriations committee, said in a statement. "These are funds Congress has delivered on a bipartisan basis and should be helping people—not cut off by a president more focused on building a ballroom than investing in families. Every Republican who voted for these bills should be furious because [OMB Director Russell Vought] is saying their votes don't count."

Supreme Court Justice Alito Recuses Himself from Major Climate Case

Supreme Court Justice Samuel Alito recused himself Monday from a major climate change case coming up on the court's docket.

Alito's decision was revealed via a letter issued to the lawyers involved in Suncor Energy Inc. v. County Commissioners of Boulder County, which pits ExxonMobil and Suncor Energy against the commissioners of Boulder County, Colorado. The two oil companies are attempting to throw out a county lawsuit seeking climate-change related damages.

"Justice Alito has determined that he will not continue to participate in this case," read a letter written by court clerk Scott Harris.

The letter did not elaborate on why Alito removed himself from the October 5 hearing, though he had faced mounting pressure from progressive groups such as Consumer Watchdog to step down due to his personal investments in oil companies. Alito does not hold stocks in either ExxonMobil or Suncor Energy, but has investments in ConocoPhillips and Phillips 66, which are involved in similar lawsuits around the country and are likely to be affected by the Supreme Court's eventual decision in Suncor.

The decision marks a notable reversal for the conservative justice, who previously told NBC News (via a court spokesperson) that he saw no need to withdraw from the proceedings.

"Justice Alito's recusal from Suncor v. Boulder is the right decision, and one he should have made from the start," said Alexandra Nagy, organizing director with Consumer Watchdog, in a statement. "The public should not have to wonder whether a justice's personal investments could benefit from a ruling that shields the fossil-fuel industry from liability."

Alito's recusal will force the nation's highest court into an eight-person bench, raising the possibility of a 4-4 split on the matter.

Alito is the only justice on the court with a wide stock portfolio, according to a Bloomberg report published earlier this month. Either Alito or his wife owns tens of thousands of stock positions in dozens of individual companies. The only other justice managing individual stocks is Chief Justice John Roberts, who has maintained investments in just two companies: Lam Research Corporation and Thermo Fisher Scientific.

In a legal petition to the Supreme Court, attorneys for Suncor Energy and ExxonMobil argued that state law does not preempt federal law on issues related to greenhouse gas emissions, and that states do not have the constitutional right to seek relief for "injuries allegedly caused by pollution emanating from outside the State."

This preemption case differs from others the court has recently heard, in part due to the Trump administration's decision to pare back the powers of the Environmental Protection Agency.

"One argument on the other side is that allowing states to regulate greenhouse gas emissions is inconsistent with the objectives of federal law," wrote Erwin Chemerinsky, dean of University of California, Berkeley's School of Law, in a piece last week for SCOTUSBlog. "But as the county commissioners of Boulder County and the city of Boulder argue in their brief, the EPA recently has denied that it has the authority to regulate greenhouse gas emissions."

"As they say: There is no explanation 'how the Court can hold that the Clean Air Act preempts claims indirectly relating to greenhouse-gas emissions when EPA maintains that the Act does not allow it to directly regulate some (perhaps any) greenhouse-gas emissions.'"

This story has been updated.

January 6 Defendants Sue Federal Government, Claim Rights Violated

A group of defendants prosecuted for their actions in the January 6, 2021, Capitol insurrection are suing the federal government, claiming that their rights were violated.

One defendant, Lisa Eisenhart, claims that she was "targeted, arrested, prosecuted, and punished because of her constitutionally protected expressive and associational activity as a member of the protesters who gathered at the U.S. Capitol on January 6, 2021."

That claim belies the fact that the January 6 rioters did more than just exercise their First Amendment rights. Police officers were assaulted, windows were broken, congressional property was stolen, and offices in the Capitol were extensively vandalized.

Eisenhart, a former nurse from Georgia who wore a tactical vest that day, got further inside the Capitol than most of her fellow rioters and allegedly encouraged rioters to fight with police. She was joined by her son, Eric Munchel, a Nashville, Tennessee, bartender who became known as "zip-tie guy" because he was carrying plastic wrist restraints that he likely took from a police checkpoint inside the building. He also wore black tactical gear.

Munchel was sentenced to 57 months in prison, while Eisenhart received 30 months. In her lawsuit, she says that the federal government, "through retaliatory prosecution, discriminatory detention practices, deliberate indifference to plaintiff's health and safety, and other unlawful conduct…violated [her] constitutional rights and caused severe physical, emotional, reputational, and economic injury."

President Trump pardoned every January 6 participant shortly after he was sworn into office in 2025, including Eisenhart and her son. Now, she and other January 6 rioters are demanding money and restitution.

Trump Appears to Struggle to Stay Awake During Iowa Steel Plant Announcement

President Donald Trump once again struggled to keep his eyes open Monday, just moments after unveiling a plan to build a new $15 billion steel plant in eastern Iowa.

As Energy Secretary Chris Wright launched into an explanation of the administration's industrialization agenda and new partnership with Mesabi Metallics, Trump's eyes shut and his head drooped forward.

Rewant Ruia, the chairman of Mesabi, expressed his excitement about the project, while Trump kept his eyes closed and neck slack. As Ruia spoke, Trump angled his face toward the executive.

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