"Show Me How To Do It"

In my working career, I discovered that few things could get a boss mad at me faster than, if he complained that I was doing something wrong, I would ask him, "Can you show me how to do it right?" He's the boss, after all -- he must know how I should do my job. Of course he didn't; he wasn't promoted because he knew how to do anyone's job; that isn't what makes you a boss. He'd just go away muttering under his breath.

As best I can determinme, this is how the Trump administration is responding to federal judges' instructions over the weekend to continue funding SNAP without a congressionbal appropriation. In yesterday's post, I linked to an essay by Chris Bray that raised the basic question:

Defendants — the Trump administration — are required to use contingency funds to pay for current operations, whether or not Congress has funded current operations. A court has just concluded that a federal program must operate in the absence of current appropriations. That’s…an interesting choice.

Why wouldn’t that logic apply equally to paychecks for the armed forces, or ICE, or air traffic controllers? If a judge is ordering the government to disregard the current appropriations for a federal operation and just spend whatever contingency funds are on hand, then the FAA has an Airport and Airway Trust Fund, with a current balance around $18 billion, and air traffic controllers aren’t being paid.

Just to be sure I understood his point, I asked Chrome AI mode, "Can a judge order the federal government to spend money that hasn't beeen appropriated by Congress?" It answered,

No, a judge cannot order the federal government to spend money that has not been appropriated by Congress. This principle is a cornerstone of the separation of powers in the U.S. government, with Congress holding the "power of the purse". However, a judge can order the executive branch to spend funds that have already been appropriated by Congress but have been unlawfully withheld.

. . . The Constitution's Appropriations Clause gives Congress the exclusive power to authorize government spending.

. . . Federal officials cannot obligate or spend money from the Treasury without an appropriation "made by law". The Antideficiency Act reinforces this by making it illegal for federal agencies to obligate or expend funds in advance or in excess of an appropriation.

What seems to be happening is this:

[Federal Judge John J] McConnell's Saturday order gave President Donald Trump's administration a Monday deadline to present a plan to pay full benefits on that day, or at least partial payments two days later. "There is no question that the congressionally approved contingency funds must be used now because of the shutdown; in fact, the President during his first term issued guidance indicating that these contingency funds are available if SNAP funds lapse due to a government shutdown," McConnell wrote in the order.

. . . In a Truth Social post on Friday, Trump wrote: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible.”

Saturday's order does just that, wrote McConnell, who cited Trump's social media post.

"The Court greatly appreciates the President's quick and definitive response to this Court's Order and his desire to provide the necessary SNAP funding," the judge wrote.

Actually, the judge appears to be seething with barely concealed rage, just like my bosses used to do when I would ask them to show me how to do my job. Trump's actual position is this:

President Donald Trump said Friday that his administration's lawyers are not sure they have the legal authority to pay federally funded Supplemental Nutrition Assistance Program (SNAP) benefits during the government shutdown and said he has asked for clarity from the courts in the wake of two recent decisions.

"Our Government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two Courts have issued conflicting opinions on what we can and cannot do," Trump said in a post on his social media platform Friday evening.

"If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding, just like I did with Military and Law Enforcement Pay," Trump said, referring to the shifting of funds that has been used to pay troops as the shutdown has stretched on.

. . . In a filing after the judge's oral order, the Trump administration said it was "expeditiously attempting to comply" with Judge McConnell's order.

Citing the lack of a public recording or transcript of Friday's emergency hearing, DOJ lawyers asked McConnell to confirm the parameters of his decision to ensure they comply.

"Clarity as to the Court's ruling is critical to ensure that Defendants can comply with the Court's order while avoiding an operational collapse," DOJ lawyers wrote.

Following that request,

A federal judge in Rhode Island followed up his Friday oral ruling with a written order Saturday requiring President Donald Trump’s Agriculture Department to make full food stamp payments no later than end of day Monday, or alternatively, partial payments by the end of day Wednesday.

Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island was responding to the administration’s request for a written order, as well as Trump’s Friday night social media post asking the court for clarity as to how USDA could legally make the Supplemental Nutrition Assistance Program payments.

. . . The Trump USDA has argued it has neither legal authority nor available funds in reserve to provide full November benefits given the ongoing partial government shutdown. Even if it could use SNAP contingency funds, the administration argued in court, those amounts wouldn’t be enough to cover full payments and it would be too difficult administratively to implement reduced benefits.

McConnell, an appointee of President Barack Obama, wrote that the administration has sufficient contingency funds provided in fiscal 2024 and fiscal 2025 that are available for at least partial payments. “There is no question that the congressionally approved contingency funds must be used now because of the shutdown,” McConnell wrote.

Ah, I get it -- it doesn't matter how it can be done legally, it just has to be done because of the shutdown. No question about it.

I suspect we haven't seen the end of this.