On Wednesday, President Trump signed a memorandum that seeks to significantly expand his administration’s authority to repurpose unspent federal funds to ensure that members of the military continue to receive their pay during the ongoing government shutdown. This move escalates his challenge to Congress's authority over spending matters, raising questions about the legal implications of such actions.
The memorandum grants Pete Hegseth, the defense secretary, broad authority to repurpose funds, despite Congress not having formally authorized such actions. According to the memo, Mr. Hegseth, in coordination with the White House budget office, is directed to utilize “any funds appropriated by Congress that remain available for expenditure in fiscal year 2026 to accomplish the scheduled disbursement of military pay.” It emphasizes that these funds should maintain “a reasonable, logical relationship to the pay and allowances of military personnel, consistent with applicable law.”
Some Democrats have expressed concerns regarding President Trump’s approach to repurposing funds during the shutdown, arguing that his actions may be illegal and undermining Congress’s constitutional power. The political implications of this memo are significant, as Republicans are daring Democrats to engage in a legal battle over the critical issue of military pay. Speaker Mike Johnson emphasized this at a news conference, stating, “If the Democrats want to go to court and challenge troops being paid, bring it.”
In a separate but related announcement, President Trump indicated plans to provide funding for the payment of FBI agents during the shutdown, although he did not specify the source of this funding. During an Oval Office event, FBI Director Kash Patel commended Trump for his initiative, saying, “You’ve found a way to get these individuals paid during a government shutdown.” In response, Trump affirmed, “We want the FBI paid. We want the military paid. We got the people that we want paid.”
Trump’s memorandum grants his administration broader authority to repurpose funds than previously exercised. The administration had previously indicated intentions to utilize approximately $8 billion in unspent research, testing, and evaluation funds from the prior fiscal year to cover military salaries. In the memo, Trump warned that active-duty military personnel are likely to miss their upcoming paychecks on October 15 due to the shutdown, an outcome he described as “a serious and unacceptable threat to military readiness and the ability of our armed forces to protect and defend our nation.”
The federal government has been in a state of shutdown for more than two weeks, primarily due to ongoing negotiations between Democrats and Republicans regarding changes to health care policy. Democrats are advocating for modifications to prevent significant cost increases for many Americans, complicating the path toward a resolution.
