Judge Napolitano Explains Trump’s Legal Grounds To Withhold Congressional Allocations To USAID

Judge Andrew Napolitano appeared on Newsmax Monday and gave what he said was a clear breakdown of President Donald Trump’s legal basis to withhold Congressional allocations.

During an appearance on “Carl Higbie: Frontline,” Napolitano discussed what he said were the legal grounds and responsibilities Trump faces when considering whether to withhold congressional funds. This, after Elon Musk said he talked to Trump about shutting down the United States Agency for International Development (USAID), which is a foreign aid agency. Napolitano said that while the president has the authority to isolate funds, this action triggers a mandatory disclosure process.

“Can the president not spend the money? Yes, he can take the money and isolate it, but then he must tell Congress he’s isolating it. And he must propose to Congress what should be done with that money instead. He has 45 days in which to do that,” Napolitano told Higbie.

This legal framework, Napolitano said, aims to balance executive discretion with legislative oversight, ensuring transparency in how taxpayer dollars get managed.

“This is a federal statute enacted by Congress telling presidents what to do when they don’t want to spend money that Congress orders being spent. But what we are doing, what you are doing, what Elon Musk is doing, is opening up the eyes to the American public of some of the most radical, incredible waste of federal dollars which give bureaucrats the decision,” Napolitano said. “Not the president, not Congress, but bureaucrats the determination as to how to spend this money.”

Napolitano said that Trump is not positioning himself as the sole arbiter of power but is rather navigating a complex legal landscape where he must balance immediate executive decisions with long-term legislative approval.

“I don’t think he’s installing himself as the sole power. You’d be hard-pressed to find somebody who’s more of a stickler on the Constitution than your buddy who’s speaking to you now,” Napolitano said. “He’s got to isolate. He’s got to put it in the county. He’s got to tell Congress he’s doing it, and then he’s got to propose an alternative use for that money. He knows the law, and he knows how to do that in the next 45 days.”

The Department of State said Monday that USAID has increasingly diverted from its foundational goal of promoting American interests abroad, with much of its funding now misaligned with the United States’ primary national objectives. In response, Trump appointed Secretary of State Marco Rubio as acting administrator to oversee USAID and initiate a comprehensive review of its foreign assistance activities. This review aims to potentially reorganize the agency in line with an America First agenda.

Democrats, in a move against Trump’s efforts, tried to access the USAID headquarters on Monday but were barred from entering the lobby by security officers.