BREAKING NEWS: Trump Broke the Law to Pay Troops During Shutdown [View all]
In a stunning move that legal experts say violates the Antideficiency Act and the Appropriations Purpose Statute, President Trump ordered the Pentagon to pull $6.5 billion in leftover research and development funds to cover October 15 military paychecks during the ongoing government shutdown [1][2][3][4][5][6].
The moneyoriginally meant for weapons testing and technology developmentwas redirected without congressional approval, an act that experts warn tramples Congresss constitutional power of the purse. [16][17][18][19][14]
Trump formalized the maneuver by signing National Security Presidential Memorandum-8, giving Defense Secretary Pete Hegseth sweeping authority to use any available funds for troop pay [14][15][1]. While 1.3 million active-duty service members were paid [7][10][1][2], hundreds of thousands of Guard, Reserve, and civilian employees still went without [2][7].
Democrats blasted the order as illegal. Rep. Rosa DeLauro said Trump was violating the law left and right, while Rep. Jim Himes called the move probably illegal. [16][18] Even the Cato Institutes Romina Boccia agreed the White House likely broke the law by reallocating funds without Congress [16].
Speaker Mike Johnson defended Trump, saying he showed strong leadership, even as the Pentagon confirmed the cash raid only covers one paycheckwith less than $3.5 billion left for October 31 [3][7][12].
The diversion will delay key defense programs, including F-35 upgrades and missile-testing projects now facing funding gaps of up to $500 million [6][19].
Bottom line: Trumps October 15 workaround ensured troops got paidfor nowbut by breaking fiscal law and usurping Congresss spending authority, he crossed a constitutional line no president has before [17][21][23][24].