Just a little over a week into his second term, President Donald Trump took steps to maximize his power, sparking chaos and what critics contend is a constitutional crisis as he challenges the separation of powers that have defined American government for more than 200 years.
The new administration’s most provocative move came this week, as it announced it would temporarily halt federal payments to ensure they complied with Trump’s orders barring diversity programs. The technical-sounding directive had enormous immediate impact before it was blocked by a federal judge, potentially pulling trillions of dollars from police departments, domestic violence shelters, nutrition services and disaster relief programs that rely on federal grants. The administration on Wednesday rescinded the order.
Though the Republican administration denied Medicaid was affected, it acknowledged the online portal allowing states to file for reimbursement from the program was shut down for part of Tuesday in what it insisted was an error.
Legal experts noted the President is explicitly forbidden from cutting off spending for programs that Congress has approved. The U.S. Constitution grants Congress the power to appropriate money and requires the executive to pay it out. A 50-year-old law known as the Impoundment Control Act makes that explicit by prohibiting the President from halting payments on grants or other programs approved by Congress.
“The thing that prevents the president from being an absolute monarch is Congress controls the power of the purse strings,” said Josh Chafetz, a law professor at Georgetown University, adding that even a temporary freeze violates the law. “It’s what guarantees there’s a check on the presidency.”
Democrats and other critics said the move was blatantly unconstitutional.
“What happened last night is the most direct assault on the authority of Congress, I believe, in the history of the United States,” Sen. Angus King, an independent from Maine, said Tuesday.
While some Republicans were critical, most were supportive.
“I think he is testing the limits of his power, and I don’t think any of us are surprised by it,” said Sen. Kevin Cramer, a North Dakota Republican who is close with Trump.
At first blush, the Trump administration appeared to be following the correct procedures in identifying potential spending cuts, and the Impoundment Control Act outlines a procedure for how they could become permanent, said Rachel Snyderman, a former official at the Office of Management and Budget who is now at the Bipartisan Policy Center.
Congress must eventually sign off on any cuts the administration wants to make, Snyderman said, though she noted that no President since Bill Clinton, a Democrat, has been successful in getting that done. Congress did not act on $14 billion in impoundment cuts Trump proposed during his prior term, she said.
“We have to see what the next steps are,” Snyderman said.
The attempt to halt grants came after Trump, who during the campaign pledged to be “a dictator on day one,” has taken a number of provocative moves to challenge legal constraints on his power. He fired the inspectors general of his Cabinet agencies without giving Congress the warning required by law, declared that there is an immigrant “invasion” despite low numbers of border crossings, is requiring loyalty pledges from new hires, challenged the constitutional guarantee of birthright citizenship and is moving career staff out of key positions at the Department of Justice to ensure his loyalists control investigations and prosecutions.
On Tuesday evening, the new administration made its latest move, trying to prune the federal workforce by offering pay until the end of September for those who agree to resign by the end of next week.
The Trump actions have all led to a cascade of court challenges contending he has overstepped his constitutional bounds. A federal judge in Seattle has already put on hold Trump’s attempt to revoke birthright citizenship, calling it a blatant violation of the nation’s foundational legal document. On Tuesday, nonprofit groups persuaded a federal judge in Washington to put the administration’s spending freeze order on hold until a fuller hearing on Feb. 3.
Democratic Attorneys General also rushed to court to block the order. New Mexico Attorney General Raul Torrez, a Democrat, said the swiftness of the court action against Trump’s spending freeze demonstrates the “carelessness” of the order.
“My hope is that the President, working with Congress, can identify whatever his priorities are and can work through the normal constitutional order that is well established that limits the power of Democratic and Republican Presidents,” he said.
The grant freeze — administration officials described it as a “pause” — fit with a long-sought goal of some Trump allies, including his nominee to run the Office of Management and Budget, Russell Vought, to challenge the constitutionality of the Impoundment Control Act. They contend the President, as the person in charge of distributing funds, should be able to have some control over how the money goes out.
Though there’s little doubt the new administration wanted a court fight over its power to control spending, experts agree that this was likely not the way they hoped to present it.
“This is a really sloppy way of doing this,” said Bill Galston, of the Brookings Institution, adding that he thought it was an administration error. “This is just classic Trump. He believes it’s better to be fast and sloppy than slow and precise.”
In her first press conference, Trump’s new press secretary, Karoline Leavitt, on Tuesday urged organizations that need the grants to call the administration and show how their operations are “in line with the president’s agenda.”
“It’s incumbent on this administration to make sure, again, that every penny is accounted for,” Leavitt said.
Republican lawmakers largely took the freeze in stride.
“This isn’t a huge surprise to me,” said Rep. Dusty Johnson of South Dakota during the House Republican retreat at one of the president’s Florida golf resorts. “Clearly, Donald Trump campaigned in no small part on the idea that the Biden administration was putting out a lot of money that was not consistent with Donald Trump’s values.”
But Democrats and others were furious at the move, which seemed designed to undercut congressional authority.
“If President Trump wants to change our nation’s laws, he has the right to ask Congress to change them,” Sen. Bernie Sanders, an independent from Vermont, said in a statement. “He does not have the right to violate the United States Constitution. He is not a king.”
Chafetz, of Georgetown University, said the lack of pushback from Republican members of Congress was especially alarming because the legislative branch is the one whose powers are most at risk in the latest power play.
Even if Trump loses the legal battle, Chafetz said, he and his followers might feel like they’ve won by pushing things to this extreme.
“Damaging the institutions they don’t like,” he said, “seems to be their whole theory of governance.”
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Republished with permission of The Associated Press.
Chuck Millar is a longtime Palm Beach Gardens resident. Over the past four decades, he’s become well-known in the community for his activism and involvement in local government, including a current unelected Chair post on the city’s Planning and Zoning Board.
Now, he’s seeking a seat on the City Commission. It’s his first run at public office.
Elections attract scrutiny. A look into Millar’s legal history shows that seven years ago, he faced accusations of cyberstalking and harassment. An ex-girlfriend sought a temporary restraining order against him, and she included in the request screenshots of messages he sent her.
The woman, whom we’ll call Kathy, filed a petition seeking protection against him for stalking, Palm Beach County Clerk records show. It included a request that Millar stay at least 500 feet from her and four people, including her two daughters, and the Jupiter-based K-12 private school they attended.
She provided proof that between March 4, 2018, when she broke up with him, and March 15, 2018, when she took legal action, Millar sent dozens of texts and emails to which she did not respond.
Some of the messages were sexually demeaning. In others, Millar implied that he was tracking her online dating accounts and referenced a domestic battery case from her past.
Millar is 65. He was 58 at the time he sent the messages. In an email to Millar’s sister seeking help, Kathy said they’d only dated a month, during which she’d broken up with him twice “due to his extreme and violent temper and outbursts that made no sense to me.”
Millar told Florida Politics they dated for a little more than a month. He regretted his actions and the whole ordeal, which ended on March 29, 2018, when Judge Karen Millerof the 15th Judicial Circuit instructed him to stop contacting Kathy before dismissing the case.
“I followed the court’s direction verbatim,” Millar said Thursday, adding that he’d since undergone counseling and treatment. “It made me a better person.”
Millar sent Kathy a lengthy text on March 4, 2018, after she cut things off with him, referencing “issues” and his “character flaws.”
“(I) take full responsibility for my faults. My heart is broken, but you tore my heart to pieces as I prayed each night you’d finally say you loved me, too. Those words are so powerful to me. You’re my true love, and I know it could work. I would have taken a bullet for you,” he wrote.
Later that day, seemingly in response to Kathy telling him her decision was final, Millar’s amorous tenor turned vitriolic.
“I’m fucking done with you too. Go fuck yourself. Get out and stay the hell out of my life. You have serious mental health issues,” he wrote. “You can have your fucking underware (sic) back. Enjoy the pink vibrator. You’ll need it. Bitch!”
Millar sent another text at 3:25 a.m. on March 5.
“Guaranteed the next time you have sex, you’ll think of me. Enjoy that train wreck,” he wrote. “And by the way, I read your entire file on your domestic battery case. It’s public record.”
Kathy said in her petition that she blocked Millar’s number after that.
He then sent her emails. One on March 8 was a variation of the prior message. “Your comment about never dating again is just total crap,” he wrote. “You know it, and I know it. But trust me, the next time you have sex with whomever or whatever, you’ll think of me.”
On March 10, Millar sent another email intimating Kathy had “a new man” and that the three of them should meet up at a baseball game. Two days later, he sent her an email titled “Weekend Fun” and asked about dates he believed Kathy had arranged on Match.com.
He wrote again on March 13, telling her, “Enjoy that vacation with your ex, no drama, mama. LOL.”
Later that day, Kathy — who said she and the ex to whom Millar referred never vacationed together — emailed Millar’s sister with screenshots of his communications. Kathy described Millar’s actions as “creepy” and “very frightening” and noted that she’d instructed a security guard at her gated community to call the police if he showed up.
Millar’s sister called her brother’s messages “completely unhinged” and said she’d talk to her husband about developing a plan of action to deal with him. The sister told Kathy in a follow-up email that after conferring with her spouse, they’d decided to stay out of it but advised Kathy to “take whatever steps (are) necessary to ensure” her and her children’s safety, including filing a temporary injunction or calling the police.
In the days that followed, Millar continued with his emails. One included a message Kathy sent him about a continuous neighborhood issue she’d had with her homeowner’s association. In another, Millar said he’d spoken with one of the association’s board members with whom Kathy had an issue.
“I see this as a threat from Chuck that he will continue to contact (the board member) and get in my neighborhood that way. Empty threat because I have taken necessary action and alerted our Board and the Security company of his actions,” Kathy told Millar’s sister. “I’m terrified of your brother. He’s a loose canon (sic). Right now, I want to move as far away from him as I can, but I can’t.”
A log of texts sent to Kathy’s cellphone show he messaged her 25 separate times in nine days.
Florida Politics contacted Kathy by text and email for comment but received none by press time.
Millar told Florida Politics he was “very remorseful” about his behavior, which he attributed to issues he’s since addressed in therapy. He said it was the first time he’d been broken up with by text.
“My emotions overcame my intelligence. That doesn’t usually happen,” he said. “My past has made me what I am today, which is a better ex-husband, father, brother and employee, and the best and most qualified candidate.”
He said that if he thought he still had emotional issues that needed addressing, he wouldn’t be running for office.
“It was an unfortunate thing, but it was a learning tool that I use today to be a better person, to understand empathy and sympathy,” he said. “I have the utmost respect for women, and most of my campaign team is made up of amazing ladies.”
A land use, zoning, planning, and real estate research professional, Millar switched his voter registration from Democrat to Republican in 2016, according to state records. He faces 47-year-old Republican firefighter John Kempfor the City Council’s Group 4 seat.
The Palm Beach Gardens election is on March 11. In the race, incumbent Commissioner Marcie Tinsley and her lone challenger, John “Scott” Gilow, will also be on the ballot.
U.S. Rep. Mike Haridopolos and his Space Coast connections have already paid off for Florida, at least in terms of positioning.
Haridopolos, a Republican from Indian Harbour Beach representing Florida’s 8th Congressional District, has snagged a leadership position on the the House Subcommittee on Space and Aeronautics that will have direct impact on the Space Coast.
“I am honored to be selected to serve as Chairman of the Space and Aeronautics Subcommittee,” Haridopolos said in a news release announcing the appointment Thursday. “Since the earliest days of our space program, Florida’s Space Coast has been the launchpad for America’s journey to the stars. From the Apollo missions that first carried Americans to the Moon to today’s groundbreaking private sector launches, our skies have always been at the forefront of space exploration. Space is central to our district’s identity and economy, providing countless high-paying jobs and opportunities.”
That subcommittee oversees U.S. space policy and associated programs and reviews expansion of space exploration, security and innovation projects.
Rep. Brian Babin, a Republican Congressman from Texas, is the chair of the Congressional Committee on Science, Space and Technology (SST). He said adding Haridopolos to run the subcommittee was a good fit.
“Over the past several years, the SST Committee has diligently worked to support and advance our nation’s space endeavors. As the representative of Florida’s Space Coast, the Congressman brings valuable expertise and leadership that will undoubtedly enhance our efforts to keep America at the forefront of exploration and development. I am excited to work alongside him to propel our space agenda forward,” Babin said.
Just two weeks ago in his first address on the floor of the House, Haridopolos sang the praises of DonaldTrump’s new presidential administration, hypothesizing the change in power would pay dividends for the Space Coast. Haridopolos also touted progress made by billionaire entrepreneur and Trump supporter Elon Musk, including Musk’s SpaceX, which he said has reinvigorated space programs in Brevard County.
“This renaissance has been powered by game-changing private companies like SpaceX and Blue Origin, whose ingenuity has turned spaceflight into a thriving ecosystem of public-private collaboration,” Haridopolos said January 16.
Last Call – A prime-time read of what’s going down in Florida politics.
First Shot
Florida Republicans’ intraparty battle continued Thursday, with the Legislature telling the Governor that it was their way or the highway, not the other way around. Ron DeSantis returned the favor by threatening defiant lawmakers with primary challengers.
Reminiscent of a call by DeSantis earlier this month, House Speaker Daniel Perez helda town hall withstate GOP leaders, pushing the Legislature’s narrative on the immigration bill scuffle packaged alongside criticism of the Governor’s plan.
According to those on the call, Perez said the Legislature’s bill was more conservative than the one pushed by DeSantis, which he claimed was a thinly veiled play to give the Governor a “mini version of ICE” that would duplicate the Trump administration’s immigration crackdown efforts rather than augment them.
“He (DeSantis) is not going to work with ICE. He wants a little mini version of ICE. He wants his own state guard, with his own bureaucrat, picking up the illegal aliens and shipping them off to another portion of the world, wherever it is that they originate from. That’s not working (in) conjunction with President Trump.”
The Governor, meanwhile, amped up his rhetoric — he has gone from casting the Legislature’s bill as “weak, weak, weak” to a “very grotesque piece of legislation.” He’s also directing more frustration at Agriculture Commissioner Wilton Simpson, whomhe accusedof instigating this saga by supposedly leveraging his influence as a former Senate President.
As it stands, the Legislature is still winning the numbers game, with just one GOP lawmaker — Rep. Mike Caruso — publicly breaking ranks to side with the Governor.
“This was an argument waiting for an excuse. If not for immigration, they would have fought over new hours for the cafeteria.”
— Former Rep. Joel Rudman, on the Legislature v. Ron DeSantis bout.
Put it on the Tab
Look to your left, then look to your right. If you see one of these people at your happy hour haunt, flag down the bartender and put one of these on your tab. Recipes included, just in case the Cocktail Codex fell into the well.
Rudman’s campaign for Florida’s 1st Congressional District may’ve gone bust, but Doc Rock deserves a “Peace Out” for heading for the exit before the gloves came off.
Separate from his war with the Legislature, DeSantis is catching flak from Tucker Carlson, who called him a “donors’ puppet.” Since the strings aren’t showing up on camera, however, we’re recommending he be served a Muppet.
With all the drama, we imagine rank-and-file staffers are itching for politics-free happy hour. A Paris Between the Warsshould help them forget work for a few minutes.
Breakthrough Insights
Tune In
Gators face Vols in key rematch
For the second time this month, the Florida Gators and Tennessee Volunteers meet when the teams tip off on Saturday in Knoxville (noon ET, ESPN).
On Jan. 7, Florida shocked then-top-ranked Tennessee 73-43 in Gainesville. The win was among the Gators’ most notable regular-season victories in program history. Ince beating Tennessee, Florida (18-2, 5-2 SEC) has won four of five games, only losing to Missouri on Jan. 14.
The game is the first since the school cleared Florida head coach Todd Golden following a four-month investigation into sexual misconduct allegations.
Both teams enter the game ranked in the top 10 of the Associated Press poll. Florida is ranked #5, while Tennessee (17-4, 4-4) is ranked eighth. The game is also the first of four straight for the Gators against ranked teams. Between now and Feb. 11, Florida will face Tennessee, Vanderbilt, Auburn, and Mississippi State.
The Gators are coming off an 89-59 win over Georgia on Saturday. Five Gators scored in double figures in the game, including Walter Clayton Jr. and Alijah Martin, who each scored 17 points. Both rank in the top 10 in scoring average in the SEC. Clayton is tied for sixth (17.8 points per game), while Martin is tied for 10th (16.1).
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Last Call is published by Peter Schorsch, assembled and edited by Phil Ammann and Drew Wilson, with contributions from the staff of Florida Politics.