09-21-2020, 11:59 PM
They're talking about specific grants award by the agencies; not the agency's overall budget which is of course appropriated by Congress.
Courts can block Trump from doing this, and I expect/hope they will, but it's also possible Barr has found loopholes in grantmaking rules that allow the Exec Branch to enact these new rules. This is money the agencies already have and that they have the discretion to dole out through grants. Congress granted them that discretion.
Notice the very narrow language in Trump's Sept. 2 Memo that started this whole thing:
© Within 30 days of the date of this memorandum, the Director of OMB shall issue guidance to the heads of agencies on restricting eligibility of or otherwise disfavoring, to the maximum extent permitted by law, anarchist jurisdictions in the receipt of Federal grants that the agency has sufficient lawful discretion to restrict or otherwise disfavor anarchist jurisdictions from receiving.
Courts can block Trump from doing this, and I expect/hope they will, but it's also possible Barr has found loopholes in grantmaking rules that allow the Exec Branch to enact these new rules. This is money the agencies already have and that they have the discretion to dole out through grants. Congress granted them that discretion.
Notice the very narrow language in Trump's Sept. 2 Memo that started this whole thing:
© Within 30 days of the date of this memorandum, the Director of OMB shall issue guidance to the heads of agencies on restricting eligibility of or otherwise disfavoring, to the maximum extent permitted by law, anarchist jurisdictions in the receipt of Federal grants that the agency has sufficient lawful discretion to restrict or otherwise disfavor anarchist jurisdictions from receiving.