Congress Executive Branch

Lawfare Daily: The Impoundment Crisis, One Month In

Quinta Jurecic, Molly E. Reynolds, Eloise Pasachoff, Jen Patja
Thursday, March 6, 2025, 8:08 AM
How are courts and Congress handling the impoundment crisis?

Published by The Lawfare Institute
in Cooperation With
Brookings

In the first weeks of the second Trump administration, the Office of Management and Budget abruptly froze trillions of dollars in federal funds—sparking a crisis over impoundment, the executive branch’s assertion of authority to refuse to distribute money appropriated by Congress. Since then, the administration has attempted to withhold further funds disbursed by specific agencies and attempted to dismantle some agencies altogether. Many of these efforts have been blocked by courts. But Congress—the branch of government whose constitutional authority is being usurped—has remained strikingly quiet.

To discuss the state of play on impoundment, Lawfare Senior Editor Quinta Jurecic caught up with Eloise Pasachoff, a professor at the Georgetown University Law Center, and Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds. They talked about how things have developed since January, how the courts and Congress are handling the crisis, and how it might shape congressional negotiations to avoid a government shutdown as soon as March 15. 

Note: This podcast was recorded on March 4, before the Supreme Court’s March 5 ruling denying the Trump administration’s request to continue a freeze on billions of dollars in foreign aid and sending the case back down to the district court for further litigation.

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Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Molly Reynolds is a senior fellow in Governance Studies at the Brookings Institution. She studies Congress, with an emphasis on how congressional rules and procedure affect domestic policy outcomes.
Eloise Pasachoff is a professor at the Georgetown University Law Center. She has published widely on the administrative law of federal funding, including “The President’s Budget as a Source of Agency Policy Control” (winner of the ABA administrative law section scholarship award); “Executive Branch Control of Federal Grants: Policy, Pork, and Punishment” (winner of the ACS scholarship award); “The President’s Budget Powers in the Trump Era”; and “Modernizing the Power of the Purse Statutes.“
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
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