On Saturday, President Trump instructed Defense Secretary Pete Hegseth to allocate previously approved funds to cover military personnel’s pay during the current government shutdown. This decision is intended to alleviate some of the strain on House Speaker Mike Johnson (R-Louisiana), who is under increasing pressure to reconvene the House for a vote on a Republican-supported bill to ensure soldiers receive their salaries during the impasse.
However, some Democrats and policy analysts contend that this course of action may not be legal. Romina Boccia, from the Cato Institute, mentioned that while Congress technically has the authority to cancel and redirect unobligated balances, it’s likely unlawful for the administration to reassign these funds independently. She stated, “An unobligated balance doesn’t grant the administration the freedom to utilize funds as it pleases.” If there’s a need to ensure military pay during the shutdown, proper legislative measures should be pursued.
Trump revealed this initiative on Truth Social, shortly after Johnson criticized his actions, and just days before the October 15 deadline for military salaries. He noted, “We have identified funding to do this, and Secretary Hegseth will use it to pay our troops.”
Defense officials indicated that about $8 billion in unobligated research and development funds from previous years might be applied to cover mid-month salaries for service members if the government is not back up by October 15.
When Congressman Jim Himes (D-Conn.) was questioned about the legality of the administration’s strategy on CBS’ “Face the Nation,” he remarked, “Well, probably not.” He expressed uncertainty about the White House’s understanding of U.S. law, implying that a bill would be necessary to provide military funding during the shutdown, yet noted that the Speaker had removed that option from consideration. Himes added that while Trump might say many things, he didn’t foresee any significant changes.
Despite this, the response to the announcement has not sparked significant public backlash, and it remains unclear whether Democrats will attempt to obstruct this military pay plan, considering their stance on its legality.
Johnson contended that a military pay bill introduced by Rep. Jen Quiggans (R-Va.) last month allows Democrats to sidestep accountability for opposing a Republican initiative to fund the government at existing levels until mid-November. He highlighted that “We are currently in the 13th day of the Democratic Party administration’s shutdown,” emphasizing that this marks the third consecutive week of blocked payments to military personnel.
Rep. Rosa DeLauro (D-Conn.), the leading Democrat on the House Appropriations Committee, accused the administration of “violating laws left and right” regarding money allocation mandated by Congress. She stressed that the president possesses no inherent powers to unilaterally decide spending.
The Pentagon has refrained from commenting on the legality of Trump’s directive.
Many Republicans, including Rep. Quiggans, welcomed the administration’s move. Quiggans, a former Navy helicopter pilot, praised the action as what her Military Pay Act aimed to achieve, thanking the president for prioritizing service members and their families.
Rep. Don Bacon (R-Nebraska), who has often critiqued Trump, suggested that Democrats may have pushed the president into this decision, stating that failing to pay military staff is never appropriate.
Additionally, the administration is set to ensure that U.S. Coast Guard personnel, under the Department of Homeland Security (DHS), will receive pay throughout the shutdown using funds from Trump’s One Big Beautiful Bill Act.
Homeland Security Secretary Kristi Noem remarked that preventing military personnel from missing their pay is a priority, insisting that innovative solutions have been devised to thwart the impact of political disputes.
There are approximately 1.3 million active-duty military members, alongside countless civilians in the National Guard and the Department of Defense. While discussions among lower-ranking members are stagnant, party leaders are actively addressing the issue within parliamentary processes.
Democrats in the Senate have defeated “clean” Republican-led continuation resolutions multiple times, as lawmakers aim to negotiate an extension for healthcare subsidies.
Veterans Affairs Executive Director Hof Cooksey insisted that Congress must prioritize military needs and national security over politics, urging that it’s time to end the shutdown and ensure military salaries are met.
