The Morning: Can Trump do that?

Plus, migrants at Guantánamo, Vladimir Putin and rumination

View in browser|nytimes.com February 13, 2025 Good morning. Today, my colleague Emily Bazelon explores presidential power. We're also covering migrants at Guantánamo, Vladimir Putin and rumination. —David Leonhardt President Trump signing orders. Eric Lee/The New York Times Purse strings By Emily Bazelon I cover legal issues. Perhaps the biggest legal test of President Trump's term so far turns on a basic question: Can the president override Congress and cancel federal funding? Because he disagrees with spending goals already set by law, Trump's administration has nixed grants and closed agencies that were doing work the legislative branch authorized. The Constitution says only Congress can make those calls. In a couple of cases, federal judges have told the administration to release the money. One suit, brought by Democratic state attorneys general, will probably land at the Supreme Court. Today's newsletter will guide you through the dispute over "impoundment," or efforts by the executive branch to hold back money Congress wants to spend. What the founders wanted According to Article I of the Constitution, Congress passes laws to spend money — appropriations bills. Some of these let the president decide how and when to spend the funds through executive agencies. But a lot of funding comes with specific instructions. Presidents generally can't cancel such spending unilaterally — that's fundamental to the separation of powers. "Where the purse is lodged in one branch, and the sword in another, there can be no danger" of an all-powerful president, Alexander Hamilton said at the convention to ratify the Constitution in New York. Presidents have generally respected the line the framers drew. When they spent less than Congress allotted, it was often because Congress set a ceiling ("a sum not exceeding") rather than requiring the whole amount to be spent. In 1803, for instance, Thomas Jefferson saved money when he didn't need all of a $50,000 appropriation for gun boats. In other instances, presidents impounded funds to save money and effectively reached an agreement with Congress. The exception to the rule is Richard Nixon, who had a sharp confrontation with Congress. He impounded billions appropriated to build waste treatment plants that would reduce pollution. Both Congress and the Supreme Court rejected Nixon's gambit. Congress passed the Impoundment Control Act of 1974, which forbade future impoundments with only narrow exceptions. And the court unanimously ruled that Nixon had no authority to spend less than Congress had allotted. A rising revolt Over the years, conservative frustration mounted over the ballooning federal budget. Congress tried to give the president a line-item veto to cancel specific programs out of a bill, but the Supreme Court ruled that it was unconstitutional. An opposing view of executive power, argued in an article co-written by the lawyer who is now counsel for the White House budget office, holds that presidents have always impounded funds in the way that Nixon did because they sometimes spend less than authorized. In this view, it doesn't matter whether they did it to save money or to scrap a reviled program. As a result, the Trump administration lawyer Mark Paoletta and his co-authors argue, the Impoundment Control Act is unconstitutional. Legal scholars point out that these were not examples of presidential actions that defy Congress. They mostly involved presidents and Congress accommodating each other, often to save money, muddling through rather than a president cutting off funds over a policy disagreement, as Trump apparently did with educational research that Elon Musk's team said it canceled this week, for instance. The Supreme Court But that's probably not the point. The Trump administration seems intent on outcomes, not theories — on asserting broad executive authority and expecting Congress to roll over. The state attorneys general who have sued to unfreeze funds are checking Trump's power from outside Washington. How would the Supreme Court rule on an impoundment challenge? The justices decided a relevant case last spring. In a 7-to-2 ruling, the court rejected a challenge to the funding Congress provided for the Consumer Financial Protection Bureau (which Trump has just unilaterally closed, the subject of another lawsuit). Justice Clarence Thomas opened his majority opinion by declaring that "our Constitution gives Congress control over the public fisc." He added later that by the time of the Constitutional Convention in 1787, "the principle of legislative supremacy over fiscal matters engendered little debate and created no disagreement." Related: What happens when Elon Musk comes to your door? The New York Times On Politics newsletter will focus on Musk for the coming weeks. THE LATEST NEWS Russia and Ukraine Vladimir Putin  Gavriil Grigorov/Sputnik Trump said he had started negotiations with Vladimir Putin to end the war in Ukraine. Trump also spoke with Volodymyr Zelensky. European leaders have demanded that talks between Trump and Putin include Ukraine. Ukraine hopes to regain the territory Russia has seized since 2014, including Crimea. At a NATO meeting, Pete Hegseth, the U.S. defense secretary, called that goal unrealistic. The Trump administration will free a Russian cybercriminal as part of a prisoner exchange that led to the release of an American schoolteacher. North Korea is treating wounded Russian soldiers and hosting Russia's orphaned children. Trump's Government Overhaul A federal judge said the Trump administration's buyout program for federal workers could proceed. Officials say at least 75,000 workers have applied, and the government closed it to new entrants. Musk's allies have accused journalists of "doxxing" for writing about members of his government-slashing DOGE team. The board members of the Kennedy Center for the Performing Arts, all Trump appointees, elected Trump as its chairman and fired its longtime president. Some nonprofits are unable to get money from federal grants for local projects, such as wildfire prevention in Montana, that past administrations promised. More on the Trump Administration The Senate confirmed Tulsi Gabbard as the director of national intelligence, 52 to 48. Mitch McConnell broke ranks to vote against her confirmation. Senators also advanced the nomination of Robert F. Kennedy Jr. for health secretary. His confirmation vote could be today. The State Department plans to spend $400 million on armored vehicles from Tesla, which Musk owns. Gulf of America The Associated Press accused the White House of violating the First Amendment for barring reporters from three press events in recent days. The news organization has refused to use the term Gulf of America. The Encyclopaedia Britannica also said it would not refer to the Gulf of Mexico as the Gulf of America. Immigration At Guantánamo Bay in 2019. Doug Mills/The New York Times The Trump administration sent dozens of Venezuelan migrants to a base in Guantánamo Bay, Cuba, that previously held Al Qaeda suspects. Troops, not immigration officers, are guarding them. Trump's moves to pause refugee resettlement, including for those already approved, have left people stranded in dangerous contexts. Read one family's story. More on Politics Eric Adams, New York City's Democratic mayor, has quietly explored running for re-election as a Republican. House Republicans released their initial budget plan. It includes deep cuts to Medicaid and trillions in tax cuts. Deb Haaland, who was Joe Biden's interior secretary, is running for governor of New Mexico. Two New Hampshire high-school students are challenging Trump's executive order barring trans girls from competing on girls' sports teams. Google says it stopped displaying cultural events like Black History Month on its calendar app because maintaining them manually wasn't sustainable. Business and Economy U.S. inflation rose in January to 3 percent, higher than expected. The wholesale price of eggs is on the rise, and so is the cost of restaurant breakfast specials. Chevron, the second-largest U.S. oil and gas company, plans to cut up to 20 percent of its workers worldwide. Honda and Nissan scrapped a major merger. Health A measles outbreak in West Texas has sickened 22 children and two adults. The state has declining childhood vaccination rates. A study found that weight-loss drugs like Ozempic and Wegovy can also help reduce alcohol cravings. This flu season has been particularly bad. Rates remain high in much of the country, at a time when the virus usually wanes. Other Big Stories A storm is set to bring heavy rain or snow to California. Officials fear that neighborhoods scarred by wildfires could now suffer mudslides. A woman who had been missing for months gave birth on the New York subway. A passenger took a video of the baby girl. Opinions Republicans who want tax cuts are out of touch. Americans want tax increases — on the wealthy, Oren Cass writes. Chrystia Freeland, a candidate for prime minister of Canada, argues that new U.S. tariffs on Canadian aluminum will hurt both countries. Here is a column by Nicholas Kristof on U.S.A.I.D. Subscribe Today The Morning highlights a small portion of the journalism that The New York Times offers. To access all of it, become a subscriber with this introductory offer. MORNING READS In Prague. Emin Sansar/Anadolu Agency, via Getty Images Natural builders: A government's dam project stalled. Beavers got it done. Wellness: How to stop ruminating. Fake IDs: They've gotten really, really good. Most clicked: For two days in a row, our most clicked story has been about John Oliver interrupting Jon Stewart's monologue on "The Daily Show." (We'll tell you tomorrow if the streak continues.) Lives Lived: David Edward Byrd captured the swirl and energy of the 1960s and early '70s with indelible posters for concerts by Jimi Hendrix, the Who and the Rolling Stones, as well as for hit stage musicals like "Godspell." He died at 83. SPORTS Hockey: Canada beat Sweden in overtime, 4-3, in a thrilling start to a new tournament, the 4 Nations Face-Off. M.L.B.: The former Astros infielder Alex Bregman agreed to a three-year, $120 million contract with the Red Sox, ending a prolonged free agency. College football: A U.N.L.V. offensive lineman, Ben Christman, was found dead in his apartment, the university announced. He was just 21. ARTS AND IDEAS An old brochure. Cove Poconos Resorts When a hotel in Pennsylvania closed recently, it stranded more than a dozen heart-shaped bath tubs. These tubs proliferated during the sexual revolution, but by the late 1990s, Americans were falling out of love with them. Read about what the rise and fall of the heart-shaped tub says about romance in America. More on culture An Eagles fan brought a Patrick Mahomes voodoo doll to the Super Bowl. A video of her stabbing it has gone viral, Vice reports. With "Emilia Pérez" hobbled, "Anora" looks revitalized: Read about where the Oscar race stands. Elon Musk took his son to the Oval Office, so Jimmy Fallon walked onstage with a child, too. THE MORNING RECOMMENDS … Johnny Miller for The New York Times. Food Stylist: Hadas Smirnoff. Make a veggie-rich miso-Parmesan noodle soup for one. Prepare for your digital afterlife. Upgrade a car's air filtration for less than $20. GAMES Here is today's Spelling Bee. Yesterday's pangram was payment. Here are today's Mini Crossword, Wordle, Sudoku, Connections and Strands. And we recommend the new Sports Edition of Connections. Thanks for spending part of your morning with The Times. See you tomorrow. Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. Editor: David Leonhardt Deputy Editor: Adam B. Kushner News Editor: Tom Wright-Piersanti Associate Editor: Lauren Jackson News Staff: Desiree Ibekwe, Brent Lewis, German Lopez, Ashley Wu News Assistant: Lyna Bentahar Saturday Writer: Melissa Kirsch Need help? Review our newsletter help page or contact us for assistance. You received this email because you signed up for the Morning newsletter from The New York Times, or as part of your New York Times account. To stop receiving The Morning, unsubscribe. To opt out of other promotional emails from The Times, including those regarding The Athletic, manage your email settings. 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