Seizing Powers From Congress and the States

Trump's Shutdown Payroll

Trump Paid Troops From Research Money and Announced a Donor's $130 Million Check

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Chapter 1 — Trump Moved Research Money to Payroll

Chapter 2 — A Private Gift and a Dispute Over Workers' Back Pay

Chapter 3 — Paychecks Arrived, but Congress's Control Was at Stake

1 · Trump Moved Research Money to Payroll

1 · Trump Moved Research Money to Payroll — select a subtopic

1.1 — A Paycheck by Presidential Order

1.2 — The Administration's Defense, and Its Limit

1 · Trump Moved Research Money to Payroll

1.1 · Trump Moved Research Money to Payroll

A Paycheck by Presidential Order

On October 15, 2025, with the military pay appropriation expired, Trump ordered the Pentagon to pay troops from other available appropriations. His administration moved $8 billion from research funds, Federal News Network reported. The charge: he tried to take a decision Congress makes by law, what public money may fund.

National Security Presidential Memorandum/NSPM-8

I direct the Secretary of War, in coordination with the Director of the Office of Management and Budget, to use for the purpose of pay and allowances any funds appropriated by the Congress that remain available for expenditure in Fiscal Year 2026 to accomplish the scheduled disbursement of military pay and allowances for active duty military personnel, as well as for Reserve component military personnel who have performed active service during the relevant pay period.

President Donald J. Trump · October 15, 2025

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Sources

[1]National Security Presidential Memorandum/NSPM-8, 'Use of Available Department of War Funds for Military Pay and Allowances during the Lapse in Annual Appropriations' (Oct. 15, 2025)

[2]Congressional Research Service, Report R48930, 'Government Shutdowns: Applying the Antideficiency Act to a Lapse in Appropriations' (May 1, 2026)

[3]Anastasia Obis, Federal News Network, White House taps multiple accounts to pay troops amid shutdown (October 30, 2025)

[4]Rose L. Thayer, Corey Dickstein, Alison Bath, Jennifer H. Svan and Gary Warner, Stars and Stripes, Need for support grows in military communities as shutdown anxiety builds (October 31, 2025)

[5]31 U.S.C. §1301(a) (the purpose statute)

[6]Antideficiency Act, 31 U.S.C. §1341 (incl. §1341(a)(1)(B) and §1341(c)(2), the back-pay guarantee added by the Government Employee Fair Treatment Act of 2019)

[7]Remarks Prior to a Meeting With Prime Minister Mark Carney of Canada and an Exchange With Reporters, Daily Compilation of Presidential Documents, DCPD-202500987 (Oct. 7, 2025) (the President spoke at 12:06 p.m. in the Oval Office)

[8]Remarks in a Roundtable Discussion With the Homeland Security Task Force and an Exchange With Reporters, Daily Compilation of Presidential Documents, DCPD-202501040 (Oct. 23, 2025) (the President spoke at 3:25 p.m. in the State Dining Room at the White House)

[9]Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Pub. L. 119-37, §§116 and 120(e), 139 Stat. 495 (Nov. 12, 2025)

[10]Congressional Research Service, Insight IN12244, 'Armed Forces Compensation During a Lapse in Appropriations' (updated Sept. 30, 2025)

1.2 · Trump Moved Research Money to Payroll

The Administration's Defense, and Its Limit

The White House argued that troop pay protects readiness and that once payroll funding expired, the Pentagon could use research money for salaries. The Congressional Research Service, whose analysis is not a ruling, questioned that theory: when Congress funds a specific expense, an agency cannot cover a shortfall from a more general fund unless Congress authorizes it.

31 U.S.C. §1301(a)

Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.

Congress of the United States

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Sources

[1]National Security Presidential Memorandum/NSPM-8, 'Use of Available Department of War Funds for Military Pay and Allowances during the Lapse in Annual Appropriations' (Oct. 15, 2025)

[2]Congressional Research Service, Report R48930, 'Government Shutdowns: Applying the Antideficiency Act to a Lapse in Appropriations' (May 1, 2026)

[3]Anastasia Obis, Federal News Network, White House taps multiple accounts to pay troops amid shutdown (October 30, 2025)

[5]31 U.S.C. §1301(a) (the purpose statute)

2 · A Private Gift and a Dispute Over Workers' Back Pay

2 · A Private Gift and a Dispute Over Workers' Back Pay — select a subtopic

2.1 — A $130 Million Check for the Armed Forces

2.2 — Furloughed Workers Got a Different Answer

2 · A Private Gift and a Dispute Over Workers' Back Pay

2.1 · A Private Gift and a Dispute Over Workers' Back Pay

A $130 Million Check for the Armed Forces

On October 23, 2025, Trump announced that a friend had sent a $130 million check for the military and declined to name him. The Pentagon accepted the gift; seven senators asked what law allowed it to be spent on salaries and how the donor had been checked. The gift equaled only a small fraction of one military payroll.

Remarks in a Roundtable Discussion With the Homeland Security Task Force and an Exchange With Reporters

And today he sent us a check for $130 million.

President Donald J. Trump · October 23, 2025

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Sources

[3]Anastasia Obis, Federal News Network, White House taps multiple accounts to pay troops amid shutdown (October 30, 2025)

[6]Antideficiency Act, 31 U.S.C. §1341 (incl. §1341(a)(1)(B) and §1341(c)(2), the back-pay guarantee added by the Government Employee Fair Treatment Act of 2019)

[11]Remarks Prior to a Working Lunch With President Javier Milei of Argentina and an Exchange With Reporters, Daily Compilation of Presidential Documents, DCPD-202501011 (Oct. 14, 2025) (the President spoke at 2:01 p.m. in the Cabinet Room at the White House)

[12]Konstantin Toropin and Lisa Mascaro, Associated Press, Pentagon accepts $130 million donation to help pay the military during the government shutdown (October 24, 2025)

[13]Letter from Sens. Andy Kim, Elizabeth Warren, Richard Blumenthal, Ron Wyden, Chris Van Hollen, Tammy Duckworth and Jeffrey A. Merkley to Secretary of Defense Pete Hegseth and Acting Inspector General Steven A. Stebbins (Nov. 20, 2025)

[14]10 U.S.C. §2601(a), (b), (d), (j) (general gift funds)

2.2 · A Private Gift and a Dispute Over Workers' Back Pay

Furloughed Workers Got a Different Answer

A 2019 law gives furloughed federal workers back pay once Congress enacts appropriations ending a shutdown. On October 7, 2025, Trump said some people did not deserve to be taken care of, then said he followed the law. On November 12, Congress funded the back pay and required it.

Remarks Prior to a Meeting With Prime Minister Mark Carney of Canada and an Exchange With Reporters

But, for the most part, we're going to take care of our people. There are some people that really don't deserve to be taken care of, and we'll take care of them in a different way.

President Donald J. Trump · October 7, 2025

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Sources

[1]National Security Presidential Memorandum/NSPM-8, 'Use of Available Department of War Funds for Military Pay and Allowances during the Lapse in Annual Appropriations' (Oct. 15, 2025)

[6]Antideficiency Act, 31 U.S.C. §1341 (incl. §1341(a)(1)(B) and §1341(c)(2), the back-pay guarantee added by the Government Employee Fair Treatment Act of 2019)

[9]Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Pub. L. 119-37, §§116 and 120(e), 139 Stat. 495 (Nov. 12, 2025)

[15]Government Employee Fair Treatment Act of 2019, Pub. L. 116-1, 133 Stat. 3 (Jan. 16, 2019)

[16]Draft memorandum from Mark R. Paoletta, General Counsel, Office of Management and Budget, for the OMB Director, 'Effect of the 2019 Antideficiency Act Amendments on Furloughed Employees' Back Pay' (Oct. 3, 2025), marked DRAFT and PRE-DECISIONAL AND DELIBERATIVE

[17]Office of Management and Budget, 'Frequently Asked Questions During a Lapse in Appropriations,' last updated October 3, 2025 (Q27/A27, under heading VI, Entitlement to Payment for Excepted Work)

[18]Office of Management and Budget, 'Frequently Asked Questions During a Lapse in Appropriations,' last updated January 30, 2026 (same Q27/A27)

3 · Paychecks Arrived, but Congress's Control Was at Stake

3 · Paychecks Arrived, but Congress's Control Was at Stake — select a subtopic

3.1 — Families Still Had to Plan for an Uncertain Paycheck

3.2 — The Charge Is Control Over the Money

3 · Paychecks Arrived, but Congress's Control Was at Stake

3.1 · Paychecks Arrived, but Congress's Control Was at Stake

Families Still Had to Plan for an Uncertain Paycheck

The White House identified another $5.3 billion for the next troop payday, alongside roughly $1.5 billion that former Pentagon comptroller Elaine McCusker estimated remained from the $8 billion transfer, Federal News Network reported on October 30. A Texas military food pantry's weekly distribution rose from 8,000 to 14,000 pounds, Stars and Stripes reported. At a pantry near Fort Stewart, fewer soldiers sought help once they were assured of pay.

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Sources

[3]Anastasia Obis, Federal News Network, White House taps multiple accounts to pay troops amid shutdown (October 30, 2025)

[4]Rose L. Thayer, Corey Dickstein, Alison Bath, Jennifer H. Svan and Gary Warner, Stars and Stripes, Need for support grows in military communities as shutdown anxiety builds (October 31, 2025)

[9]Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Pub. L. 119-37, §§116 and 120(e), 139 Stat. 495 (Nov. 12, 2025)

[19]Consolidated Appropriations Act, 2026, Pub. L. 119-75, Division A (Department of Defense Appropriations Act, 2026), 140 Stat. 173 (Feb. 3, 2026)

3.2 · Paychecks Arrived, but Congress's Control Was at Stake

The Charge Is Control Over the Money

Congress sets spending purposes and pay entitlements by law. Trump asserted discretion over spending purposes and questioned which furloughed workers deserved back pay. The troops were paid and Congress required the back pay; the charge is the attempt to shift those decisions from law to presidential choice.

Read the full chapter — all the detail, fully footnoted →

Sources

[1]National Security Presidential Memorandum/NSPM-8, 'Use of Available Department of War Funds for Military Pay and Allowances during the Lapse in Annual Appropriations' (Oct. 15, 2025)

[3]Anastasia Obis, Federal News Network, White House taps multiple accounts to pay troops amid shutdown (October 30, 2025)

[5]31 U.S.C. §1301(a) (the purpose statute)

[6]Antideficiency Act, 31 U.S.C. §1341 (incl. §1341(a)(1)(B) and §1341(c)(2), the back-pay guarantee added by the Government Employee Fair Treatment Act of 2019)

[9]Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Pub. L. 119-37, §§116 and 120(e), 139 Stat. 495 (Nov. 12, 2025)

[20]U.S. Constitution, art. I, §9, cl. 7; art. II, §3; art. II, §4 (National Archives transcript)

[21]Office of Personnel Management v. Richmond, 496 U.S. 414 (1990)

[22]Alexander Hamilton, The Federalist No. 65 (Library of Congress, Federalist Papers full text)