A Republican Gives a Thumbs Up to White House Effort to Seize Congress’ Power

Yesterday afternoon, TPM’s Emine Yücel got word that Senate Democrats would hold a vote on a bill that would block Office of Management and Budget Director Russ Vought’s latest bid to impound almost a billion dollars. Congress had appropriated the funds and President Trump had signed that appropriations bill into law, but the administration later deemed the funding too woke, finding that it helped immigrants, met its contorted definition of “DEI,” or was otherwise unacceptable.

Congress, of course, holds the power of the purse under the Constitution. If Congress writes an appropriations bill, and the president signs it, the funds must be spent in the way Congress laid out. But Vought has found ways to claim he does not, in fact, need to abide by that schema, and has used various maneuvers to not just slash funding to government offices and programs but end some entirely. This latest one is a so-called pocket rescission, exploiting a loophole Vought believes exists in the Impoundment Control Act. I won’t unpack it here, but Emine has reported on it extensively.

So, on Wednesday, Senate Democrats on the appropriations committee put forward a bill to block Vought’s pocket rescission, and all future ones. The vote was held under unanimous consent, meaning a single senator could block it. It seemed inevitable one would — the question was who, and why.

So, around 7 p.m., we got our answer: Sen. Ron Johnson (R-WI) objected to the bill. He did not directly address the way in which Vought’s maneuvering has run roughshod over one of Congress’ most important duties: dictating federal spending. He shrugged that all government spending should be reduced, and then said the law around impoundments was vague. “It’ll probably have to be all sorted out by the Supreme Court,” he said.

That much is right, and the Court has already shown an openness to what Vought is trying to do.

The Senate then adjourned until the midterms.

Sen. Eric Schmitt Faces Fallout From His Jack Smith Debacle

New details about Sen. Eric Schmitt’s (R-MO) fantastic flame-out during a congressional hearing with Jack Smith continue to emerge. The senator on Tuesday attempted to float a conspiracy theory about the former special counsel meeting with Fulton County DA Fani Willis at an Atlanta Hawks game. That theory immediately collapsed, but not before he accused Smith of perjury for not indulging it.

• Schmitt was warned that the texts he based his allegation on were “unvetted” and that he should proceed with caution, MS NOW reported yesterday. Some Senate Judiciary staff believe the White House had urged Schmitt to undertake his stunt, the report said.
• Schmitt in an interview with Politico was unapologetic, and seemingly confirmed that his misapprehension about whether Smith attended an Atlanta Hawks game or an Iowa Hawkeyes game had to do with completely overlooking the existence of women’s sports, a topic about which the GOP professes to care greatly. “Well, we had text messages from [Smith’s] team that he was at a basketball game, and the only game at 7:30 tip-off in the NBA was in Atlanta,” Schmitt told Politico, adding, “I didn’t know he was a Caitlin Clark fan. Now we know.”
• Schmitt’s staffer who held up a posterboard during his display was up for a new job at the White House, Politico reports. Now, he may not be.