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Charles Blanchard @fmrairforcegc.bsky.social · 5h

You are correct. Article 1 gives Congress sole authority to appropriate money. Article 2 gives no such power to the President. This is government by decree. Unconstitutional and a violation of a criminal statute to all who follow the order.

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Charles Blanchard @fmrairforcegc.bsky.social · 6h

@samhalpert.bsky.social Now this is u questionable illegal. The President can't create transfer authority. Only Congress can do so. www.nytimes.com/2025/10/15/u...

Trump Signs Memo Expanding His Authority to Spend Federal Money

www.nytimes.com

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Charles Blanchard @fmrairforcegc.bsky.social · 1d

The Pentagon Press Corps--including Fox and Newsmax--Resists open.substack.com/pub/notesfor...

The Pentagon Press Corps--including Fox and Newsmax--Resists

When I was General Counsel for the Army and Air Force, the first thing I would do in the morning was skim an aggregation of press clippings since I knew that my day would likely be consumed by an emba...

open.substack.com

Reposted by Charles Blanchard

Catherine Rampell @crampell.bsky.social · 1d

China Bought $12.6 Billion in U.S. Soybeans Last Year. Now, It’s $0. www.nytimes.com/2025/09/25/b...

China Bought $12.6 Billion in U.S. Soybeans Last Year. Now, It’s $0.

www.nytimes.com

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Charles Blanchard @fmrairforcegc.bsky.social · 1d

When I posted on a fiscal law issue, I expected very little interest. Boy, I was wrong. It is getting lots of traffic thanks to a great but civil debate on this issue on this site with @samhalpert.bsky.social Never would happened on X.

notesfortheperplexed.substack.com/p/folkways-o...

Folkways of Political Washington: The Fiscal Law Priesthood

The Trump Administration announced that they will be able to pay the next paycheck for military members by transferring $8 billion from the DoD R&D appropriations.

notesfortheperplexed.substack.com

Charles Blanchard @fmrairforcegc.bsky.social · 2d

The Trump-ordered Prosecution of His Enemies: Vindictive or Selective Prosecution Defense open.substack.com/pub/notesfor...

The Trump-ordered Prosecution of His Enemies: Vindictive or Selective Prosecution Defense

The Washington Post today has an article noting that “President Donald Trump’s unprecedented effort to pressure the Justice Department into prosecuting his perceived enemies” is about to go further th...

open.substack.com

Charles Blanchard @fmrairforcegc.bsky.social · 2d

I don't see them doing so over military pay. (I think there is a strong argument, by the way, that the RIFs are illegal because they commit federal funds that are not available because of the shutdown. This may actually be litigated in court by unions and employees targeted by the RIF. 4/4

Charles Blanchard @fmrairforcegc.bsky.social · 2d

Large fiscal law issues like this one--as distinguished from rogue employees spending money improperly--are generally addressed in the political world. Democrats went on the warpath when Trump tried to use this and other authority to pay for his stupid border wall. 3/4

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Charles Blanchard @fmrairforcegc.bsky.social · 2d

The Coast Guard is not part of DoD so Coast Guard members won't get paid. Civilian DoD and Intel Community employees play a critical role in our national defense--and they are not included here. Employees of other agencies also play critical roles--and they are not being paid. 2/4

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Charles Blanchard @fmrairforcegc.bsky.social · 2d

Very insightful comments. I would distinguish between whether the statute can reasonably be read to allow the transfer from the policy problems with doing so. In addition to the cogent issues you raise, there is also issues of fundamental fairness that come into play 1/4.

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

Thanks for the kind words. I don't think we disagree at all in our assessment of this lawless Administration. I am viewing this the same way I would have viewed it when I served Democratic Administrations--can the statute be read to allow helping military members?

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

Sam's very thoughtful posts motivated me to write about this on my Substack page. Folkways of Political Washington: The Fiscal Law Priesthood open.substack.com/pub/notesfor...

Folkways of Political Washington: The Fiscal Law Priesthood

The Trump Administration announced that they will be able to pay the next paycheck for military members by transferring $8 billion from the DoD R&D appropriations.

open.substack.com

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

Folkways of Political Washington: The Fiscal Law Priesthood open.substack.com/pub/notesfor...

Folkways of Political Washington: The Fiscal Law Priesthood

The Trump Administration announced that they will be able to pay the next paycheck for military members by transferring $8 billion from the DoD R&D appropriations.

open.substack.com

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

I think this is a reference to the fact that R&D is two year money and that they found $8 billion in unobligated funds in this two year money. The military payroll exceeds $190 billion so $8 billion will only get you a few weeks of pay.

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

Whether it is wise from a policy point of view is a live issue of course. It will be interesting to see if Congress revises the transfer authority in the next appropriations bill.

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

it did fund military personnel in the last year, and it is an impasse on other issues—not a refusal to pay the military—that has led the lack of a current appropriation for military pay. The issue is certainly not free from doubt, but I think a good faith and reasonable reading would allow this. /3

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

this is far removed from the circumstance that led Congress to add this limitation. Congress wanted to stop use of this authority to fund something that Congress did not want funded (such as a new project or weapon system). Here, Congress has not refused to pay the military and /2

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

I think you identified the key issue here: has either the lapsing of the FY25 appropriation or the fact that the GOP did not move the proposed stand-alone bill to fund military pay mean that Congress has "denied" a DoD request? I think that an argument can be made that it has, but 1/

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

it has rejected the DoD budget request included in its FY26 request. Since we have never seen transfer authority used like this in a shutdown, whether this violates the transfer statute is unclear. Ultimately, it will be up to GAO do make this determination.

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

(2) The intent of the highlighted language was to prevent DoD from funding a program that they had in a budget request, but that Congress declined to fund. That is not strictly speaking happening here. That said, one could argue that since Congress has not approved military personnel (cont)

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Charles Blanchard @fmrairforcegc.bsky.social · 3d

Two points: (1) the transfer authority here is capped at $8 billion so it at best will fund military payroll for just a few weeks, not years.

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Charles Blanchard @fmrairforcegc.bsky.social · 4d

I looked at the statute, and you are correct. Section 8005 of the FY24 Defense appropriation as amended by the FY25 Consolidated Budget. www.congress.gov/118/bills/hr...

www.congress.gov

Charles Blanchard @fmrairforcegc.bsky.social · 4d

I would need to look at the current statute and the last appropriation bill to see what limits congress may have put on the transfer.

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Charles Blanchard @fmrairforcegc.bsky.social · 4d

It has been 15 years since I dealt with this transfer authority but I don't recall that it requires use of salary accounts. Only limitation was no transfer to mitary construction. Reprogramming is limited to same account, but not transfers.

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Charles Blanchard @fmrairforcegc.bsky.social · 4d

Congress gave DoD general transfer authority to move up to $8 billion between DoD accounts without congressional action. That seems to be the authority used her. We used this authority every year when I was GC of the Army and Air Force under Clinton and Obama.