Murkowski takes aim at Trump administration's 'unlawful' pocket rescission

Sen. Lisa Murkowski (R-Alaska) on Tuesday criticized the Trump administration for what she called an “unlawful” attempt to yank back roughly $5 billion in government funding previously approved by Congress.

In a post on X on Tuesday, Murkowski said she strongly objected to the White House budget office’s “unlawful attempt to pursue a nearly $5 billion pocket rescission.”

“Congress alone bears the constitutional responsibility for funding our government, and any effort to claw back resources outside of the appropriations process undermines that responsibility,” she wrote.

The key moderate added that the “unilateral actions” by the Office of Management and Budget (OMB) “only threaten the good bipartisan work that has been done in committee and on the floor, and risk throwing the entire process into chaos.”

“The fact is, advancing the final appropriations bills and avoiding a government shutdown will require a great deal of hard work and collaboration when Congress resumes session next week,” added Murkowski, a senior appropriator.

The Hill has reached out to the OMB for comment.

Murkowski’s comments come after Senate Appropriations Committee Chair Susan Collins (R-Maine) also spoke out against the recent attempt by Trump to cancel about $4.9 billion in funding for the State Department and the U.S. Agency for International Development (USAID) without approval from Congress.

Under the budget law governing the process, known as the Impoundment Control Act (ICA), the administration can send a formal “rescissions” request to Congress to cancel select funds. While lawmakers consider that special request, the administration is also allowed to temporarily withhold funding for 45 days. If lawmakers reject the request, the funds must be released.

Earlier this year, Trump successfully clawed back about $9 billion in previously allocated funding for foreign aid and public broadcasting using that process. Republicans approved the cuts without Democratic support in both chambers.

But lawmakers on both sides are describing the latest request as illegal and say it’s strategically timed close to the end of the fiscal year so that targeted funds can be canceled without Congress’s say-so under the so-called "pocket rescission" move.

Trump officials argue the tactic is legal. OMB Director Russell Vought earlier this summer described the controversial maneuver as “one of the executive tools” that are “on the table” to reduce spending.

Congress currently has until Sept. 30, or the end of fiscal 2025, to pass legislation to keep the government funded and prevent a shutdown.

With fewer than 45 days until then, experts say the administration can bypass Congress altogether and simply run out the clock, allowing the targeted funds to be cancelled.