Trump eases pressure to end federal shutdown by keeping money flowing to popular programs

WASHINGTON — As the federal government shutdown stretches into its fourth week without a bipartisan deal in sight, President Donald Trump has been laying the groundwork for an extended fight by easing some of the political pressure points that in past shutdowns helped force a truce.

Trump has been tapping alternative funding sources to keep politically popular programs afloat — food assistance for babies, military pay, financial aid for farmers — that when left unfunded in past shutdowns led to widespread public backlash that forced both parties back to the negotiating table.

During this shutdown — already the second-longest on record — Trump has directed the Pentagon to pay military service members with unused Pentagon research funds, has ordered tariff revenues be used to temporarily fund the WIC program that provides food stipends to families with infants and young children, tapped national park entry fees to keep parks open with skeletal staffing, ordered the release of $3 billion in aid to farmers previously tied up in the shutdown, and is reportedly looking at options to keep air traffic controllers paid to avert the widespread call-outs that occurred during the 35-day shutdown of his first term.

"The Trump Administration is working to mitigate the negative impacts of the Democrat shutdown as much as possible," White House spokeswoman Abigail Jackson said in an email to Newsday when asked about Trump’s strategy during the funding stalemate, in which both sides have been trading blame.

With some of the major pressure points temporarily alleviated, political analysts interviewed by Newsday contend that Trump has taken some bargaining power away from Congressional Democrats as they push the president and Republican leaders to extend soon-to-expire health care subsidies in exchange for support of a short-term spending bill.

"The White House moves obviously do signal that it is looking to deflect some of the criticism of the shutdown and mitigate the most immediate and high-profile negative effects through moving some money," said Grant Reeher, a political science professor at Syracuse University.

The moves appear to be giving Republicans an "upper hand," said Reeher, noting "Democrats have a more tangled narrative" trying to explain to voters why the expiring subsidies should be tied to the short-term spending bill.

Delaying the pain

Senate Minority Leader Chuck Schumer (D-N.Y.) and other top Democrats have argued that the spending bill and subsidies should be linked because top Republican leaders have previously refused to negotiate an extension to the pandemic-era assistance, which helps lower Affordable Care Act health insurance premiums.

Trump’s movement of funds "takes away leverage from the Democrats," said Todd Belt, director of the political management master’s program at George Washington University.

"He is helping a lot of people escape the pain that otherwise would result in cries to the legislators to find a deal," Belt said of Trump’s strategy.

But Democrats point to other looming deadlines that could lead to more public pain if a bipartisan deal is not reached soon — scores of federal workers will miss a second paycheck on Friday; states including New York have started to send notices to food stamp recipients that program funding may not be available come November; and Nov. 1 marks the start of the open enrollment period for health insurance purchased through state and federal exchanges.

"Things get worse every day for the American people. He should sit down with us, negotiate with us in a serious way before he goes away," Schumer told reporters on Tuesday, referring to Trump’s weeklong trip to Asia that kicks off Friday.

Legal questions

Senate Republicans need at least eight Democrats to vote for a GOP-backed short-term spending bill to reopen the government, but congressional Republicans continue to demand that Democrats vote for the bill and address the subsidies issue at a later date.

As Trump works to reposition funds to keep popular programs running through the shutdown, some of those moves raise legal questions, said Thomas Kahn, interim director of American University’s Center for Congressional and Presidential Studies.

"Ultimately what needs to be borne in mind is the law and the rule," Kahn said. "There is a statute called the Antideficiency Act which prohibits the government from spending money that Congress has not appropriated for a specific purpose, and they need to be mindful of that statute and also more broadly the contours of Article 1 of the Constitution, which says that Congress appropriates money and the president spends it. It doesn’t say, ‘Well, Congress provides this money and then the president can pick and choose how he wants to spend it, or if he wants to spend it.’ "

Belt, with George Washington University, also noted that Trump’s moves only provide temporary relief.

"Money is going to run out at some point," Belt said. "Trump will not be able to play favorites forever."

By Laura Figueroa Hernandez

laura.figueroa@newsday.com@Laura_Figueroa

Laura Figueroa Hernandez is the White House correspondent and previously covered New York City politics and government. She joined Newsday in 2012 after covering state and local politics for The Miami Herald.