House Speaker Mike Johnson told Democrats on Tuesday to go ahead and challenge the Trump administration’s decision to use old funds to pay military members during the government shutdown. The move has raised questions about whether the administration can use money that Congress approved for other purposes without passing new laws.
As per The Hill, President Trump told Defense Secretary Pete Hegseth over the weekend to use old funding to make sure service members get their paychecks as the shutdown goes on. A Defense Department official said the department found about $8 billion in unused research and testing money from last year that will be used to pay service members if the government stays closed past October 15.
At a press conference at the Capitol, Johnson backed the administration’s decision and directly challenged anyone who wanted to fight it in court. “If the Democrats want to go to court and challenge troops being paid, bring it. OK,” Johnson said. The Speaker said the administration had “every right” to move money that Congress had given to the Department of Defense, including research accounts that had not been used.
Questions Raised About The Legality Of Fund Transfers
But several Democrats and policy experts have said the administration’s plan might not be legal. Representative Jim Himes, a Connecticut Democrat, said on Face the Nation on Sunday that the plan was “probably not” legal. “I think to pay the military during a shutdown would require legislation; the Speaker of the House has taken that off the table,” Himes said.
Romina Boccia, director of budget and entitlement policy at the Cato Institute, said that while Congress can technically take back unused money and use it for something else, “for the administration to repurpose funds unilaterally is likely illegal.” She said that unused money does not give the administration the right to use it however it wants, adding that if Congress wants to make sure troops get paid during the shutdown, it should pass a bill to allow it.
Johnson praised Trump’s decision and criticized Senate Democrats for voting against the Republican-led spending bill. “I’m grateful for a commander-in-chief who understands the priorities of the country, the necessity of national defense and the urgency that we all feel,” Johnson said. The Speaker said Republicans have voted eight times in Congress to fund the troops and pay federal workers, while Democrats have vowed not to be intimidated by GOP shutdown tactics.
Published: Oct 14, 2025 01:34 pm