Following a failed bid by Senate Democrats to block it, President Donald Trump and Office of Management and Budget (OMB) Director Russell Vought have, once again, run roughshod over Congress’ power of the purse.

Last week — just five days before the fiscal year was set to end and federal funds allocated for that year set to expire — the Trump White House sent Congress a special message laying out its intention to once again impound congressionally approved funds through their “pocket rescissions” scheme, which a legislative watchdog agency has described as illegal.

The term “pocket rescissions” describes a loophole Vought and his allies claim they found in the Impoundment Control Act of 1974 (ICA). It, they maintain, allows the administration to declare congressionally approved funding rescinded if a rescissions package is sent to Congress close to the end of the fiscal year when funds are set to expire. In other words, it allows the administration to simply not spend funds Congress directed the executive branch to spend — one of many ways the Trump administration has sought to achieve that outcome. The administration’s impoundments have largely targeted programs it sees as helping disfavored groups such as immigrants, people of color and blue states.

Experts tell TPM that the Trump administration’s use of the supposed “pocket rescissions” loophole is more an admission of guilt.

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