GAO says Trump's $810M pocket rescission is unlawful
The Government Accountability Office told Congress Tuesday that Trump's $810 million pocket rescission cannot lawfully withhold the money past expiration. The White House still defends the move ahead of the Sept. 30 fiscal-year end.
The U.S. Government Accountability Office told congressional leaders Tuesday that President Donald Trump's September 25 special message proposing to cancel about $810 million through a "pocket rescission" does not permit the executive branch to withhold those appropriations through their expiration, The Hill and Politico reported from the letter by GAO general counsel Edda Emmanuelli Perez.
Under the Impoundment Control Act, a president may ask Congress to rescind budget authority and temporarily withhold funds while lawmakers act — but GAO's Tuesday letter reasserted that the statute does not let the White House run out the clock at fiscal year-end so the money dies without a rescission bill. "The Constitution vests in Congress the power of the purse, and Congress did not cede this important power through the ICA," Perez wrote, according to The Hill. Fiscal 2026 ends September 30; the House is not scheduled to return before then, so a normal 45-day review window is not available.
Trump's Friday package targeted immigration and refugee accounts, minority business programs, and related HHS and agency pots. The Washington Examiner reported the White House framed the cuts as taxpayer savings against DEI and noncitizen spending; Senate Appropriations Chair Susan Collins (R-Maine) and House Budget ranking member Brendan Boyle (D-Pa.) both called the tactic an illegal end-run around Congress. The American Action Forum's Tuesday overview noted GAO's long-standing view that pocket rescissions are unlawful and that the Supreme Court last year allowed a similar FY2025 foreign-aid withholding to proceed only on a preliminary stay — not a final merits ruling.
No new district-court injunction or White House withdrawal had posted in multi-outlet coverage by early evening Eastern. Agencies and grantees remain in limbo on the listed accounts until Congress acts, a court orders obligation, or the fiscal year closes. Readers should watch for any follow-on GAO litigation posture, OMB guidance, or leadership colloquy tying the money to a continuing resolution.
The Hill and Politico agree GAO formally told Congress Tuesday the $810 million pocket rescission withholding is unlawful under the Impoundment Control Act. The White House still points to last year's Supreme Court stay and ICA authority; Collins and other appropriators call the move illegal.
Where outlets agree The Hill and Politico agree GAO told Congress Tuesday that the $810 million pocket rescission does not authorize withholding the funds through expiration.
Where they differ The White House defends the ICA pocket-rescission tactic and points to last year's Supreme Court stay; Collins and other appropriators say the move illegally undercuts Congress's power of the purse.