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Merkley Applauds GAO for Reaffirming that Trump’s Pocket Rescissions Are Illegal

09.29.26

WASHINGTON, D.C. - Today, U.S. Senator Jeff Merkley (D-OR), Ranking Member of the Senate Budget Committee, released the below statement after the U.S. Government Accountability Office (GAO) reaffirmed that the Impoundment Control Act does now allow for the President to issue a pocket rescission on expiring funding. On Friday, President Trump issued more illegal pocket rescissions, this time clawing back nearly $1 billion in congressionally appropriated funding.

“Today, GAO reaffirmed what we have long known--the President does not have the power to withhold congressionally appropriated funding—only Congress has that authority. What the President signaled late Friday night was essentially an illegal line-item veto that would cancel funding for several programs that Congress passed, and the President signed into law. The President does not—nor will he ever—have the unilateral authority to cancel this funding.

“It is past time that my Republican colleagues speak up and tell the President that we will not stand for this basic disregard of Congress and the separation of powers. The law is not a suggestion, the Constitution is not optional, and the President is not a king,” said Ranking Member Jeff Merkley.

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