A new tactic floated by President Donald Trump‘s administration is raising concerns among Republicans, not just Democrats. Known as the pocket rescission, the strategy could allow Trump to bypass Congress to cancel funding — something many GOP lawmakers are warning could backfire.
Concerns over sidestepping Congress

The White House has already used the traditional rescission process, successfully cutting about $9 billion with Congress’ approval. Now, the administration is considering going further by using pocket rescissions. Republicans, who have typically supported spending cuts, are pushing back on the idea. Their concern? That bypassing Congress could set a dangerous precedent, and possibly violate the Constitution. “Pocket rescissions, I think, are unconstitutional,” said Representative Mike Simpson. “So, just like impoundment, I think, is unconstitutional.”
What are pocket rescissions?

Standard rescissions follow rules outlined in the Impoundment Control Act, but pocket rescissions work around those guidelines. The president can propose cuts to Congress, which has 45 days to approve or reject them. If Congress does nothing, the money must be released. However, under a pocket rescission, the White House could send a request to Congress in the final weeks of the fiscal year. By holding the funds until the fiscal year ends, the money would expire before Congress could act. OMB Director Russell Vought framed the idea as just another tool for cutting spending, saying it’s “no different than a normal rescission, except for the timing.”
Trump’s budget agenda

Vought recently emphasized the president’s commitment to fiscal discipline, saying the administration would use “all of the tools” available to reduce the deficit. “The president was elected to get us to balance, to deal with our fiscal situation,” he said at a recent event. Still, Vought acknowledged that pocket rescissions haven’t yet been used, partly because the administration has been making progress through regular negotiations with Congress.
Growing tensions in the GOP

Despite shared goals, Republican lawmakers are signaling that it matters how things are done. Many are reluctant to support a move that could weaken congressional authority, even if they agree with the outcome. Bobby Kogan, a former Senate budget aide, explained that this discussed method is “profoundly illegal.” He recently stated, “It is a method through which [Vought] would get to impound funds against congressional intent. Pocket rescission says, ‘Well, what if I send up a request 45 days before the end of the fiscal year, then even if Congress says no, I can still end all funding for the rest of the year, right?’ … Like that’s the concept behind a pocket rescission. Profoundly illegal because it would allow you to impound funds without congressional approval, which is illegal.”
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Author: Isabella Torregiani
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