Can Trump use ‘unobligated’ funds to pay troops without Congress nod? Democrats think it’s illegal

US President Donald Trump on Saturday instructed Defence Secretary Pete Hegseth to pay service members using previously appropriated Pentagon funds during the ongoing government shutdown, attempting to bypass stalled negotiations in Congress. The move aims to prevent troops from missing paychecks as the October 15 deadline approaches.

The decision eases immediate pressure on House Speaker Mike Johnson (R-La.), who has faced mounting calls to reconvene the House to vote on a Republican-backed bill ensuring military pay.

However, several Democrats and policy experts have raised concerns over the legality of Trump’s directive. Romina Boccia, budget policy director at the Cato Institute, told The Hill that while “Congress can rescind unobligated balances and repurpose them,” the administration’s unilateral action is “likely illegal.”

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Trump announced the plan on Truth Social, saying, “We have identified funds to do this, and Secretary Hegseth will use them to PAY OUR TROOPS.” A Defence official later confirmed that approximately $8 billion of unobligated research, development, testing, and evaluation (RDTE) funds from the previous fiscal year would be used for mid-month paychecks if the government remains closed beyond October 15.

Legal and political divide widens

The announcement has split opinion in Washington. Rep. Jim Himes (D-Conn.) questioned the legality of the move during CBS’s Face the Nation, saying, “Probably not… I think to pay the military during a shutdown would require legislation.” Meanwhile, House Speaker Johnson praised Trump for “showing strong leadership,” adding that the president “stepped up to ensure our troops are going to be paid on Oct. 15 while we wait for Democrats to stop holding the country hostage.”

Democrats, however, argue that Trump’s order breaches congressional authority over federal spending. Rep. Rosa DeLauro (D-Conn.), the top Democrat on the House Appropriations Committee, said the administration was “violating the law left and right,” asserting that neither the president nor the Office of Management and Budget has power to redirect congressionally approved funds. The Defence Department declined to comment on the legality of the directive.

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The move received strong backing from Republican lawmakers, including Rep. Jen Kiggans (R-Va.), a former Navy pilot whose Pay Our Troops Act has gained 174 co-sponsors, including 60 Democrats. “This is exactly what my Pay Our Troops Act was aiming to accomplish!” she wrote on X. Rep. Don Bacon (R-Neb.) also defended the decision, saying Democrats had “forced the president’s hand” after repeatedly blocking efforts to fund the government.

An administration official told The Hill that the White House also plans to pay US Coast Guard personnel, using funds from Trump’s One Big Beautiful Bill Act signed in July. Homeland Security Secretary Kristi Noem said on X, “President Trump did not want any of our military to go without pay as a result of Democrats’ political theatre.”

With about 1.3 million active-duty service members and hundreds of thousands of National Guard and Defence Department civilian personnel affected, congressional leaders remain at a standstill. Despite efforts among rank-and-file members, negotiations have so far failed to break the funding deadlock.