The Government Accountability Office has agreed that the pocket rescission move is illegal.
Posted by The Lawfare Podcast, Checked
- Sources
- 7 support2 context
- Said
- 1 time·
- Confidence
- 93%
The Lawfare PodcastOct 8, 2026
The GAO issued a letter on 2026-09-29 reaffirming that pocket rescissions are illegal under the Impoundment Control Act, and this covers the roughly $810 million pocket rescission the White House announced on 2026-09-25. The claim's extraction matches the passage, which says the GAO agreed and that the move is challenged; as of 2026-10-08 the claim was accurate.
This claim is about the present, so it is judged as of the day it was checked.
What was said
… Senate Appropriations Chair Susan Collins, a fellow Republican with President Trump, and Democratic appropriators have denounced the move as illegal. The Government Accountability Office has agreed, and the seven states, among other plaintiffs, have already sued over it. This time, however, some district courts may be gravitating towards a novel, if so far untested, solution, using equitable and statutory authority to suspend the disputed funds' expiration date. …
The Lawfare Podcast · · from the transcriptPost →What we found
Supports. AP reports that a GAO review sent to lawmakers and VP Vance on Tuesday says the president may not withhold beyond the fiscal year-end more than $800 million in appropriated funds, and quotes the GAO general counsel that withholding beyond expiration 'subverts' the constitutional process.[1][5]
Supports. CQ-Roll Call reports the GAO 'reaffirmed its opinion' that pocket rescissions are illegal, stating 'The President may not force the expiration of budget authority Congress has already enacted and did not rescind.'[6]
Supports. The Senate Budget Committee's ranking-member release quotes the GAO reaffirming that the Impoundment Control Act does not permit withholding funds past their expiration date, and Senator Murray's statement says the GAO concluded the pocket rescission is illegal.[3][4]
Supports. CBPP and Esquire, citing the GAO WatchBlog and its 2018 decision, report that GAO called pocket rescissions illegal, and CBPP lists the GAO among the bodies that have found the action illegal.[7][8]
Context. Earlier GAO statements from 2025 (The Hill, Reuters) reached the same conclusion about pocket rescissions, which supports the GAO's consistent position.[2][9]
Sources
9 sources: 2 fact-checkers, 2 primary, 4 not rated, 1 tier 1
- 1Watchdog says Trump can't cancel more than $800M in spending approved by Congressapnews.com · fact-checker · cited for: supports
- 2Trump funding delays testing Congress' power may be intensified ...reuters.com · fact-checker · cited for: context
- 3Republicans Block Merkley's Bill to Eliminate Pocket Rescissions ...budget.senate.gov · primary source · cited for: supports
- 4Murray on GAO Concluding Trump's Pocket Rescission is Illegalmurray.senate.gov · primary source · cited for: supports
- 5Watchdog: Trump can't cancel Congressional approved ...chicagotribune.com · not rated · cited for: supports
- 6Trump's funding cancellation violates budget law, GAO saysspokesman.com · not rated · cited for: supports
- 7Russell Vought and His Budgeting Cronies Are Using This ...esquire.com · not rated · cited for: supports
- 8Administration Again Illegally Impounds Federal Fundscbpp.org · not rated · cited for: supports
- 9Are 'pocket rescissions' legal? Congressional watchdog says 'no'thehill.com · tier 1 · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- Senate Appropriations Chair Susan Collins and Democratic appropriators have denounced the pocket rescission move as illegal.True
- Senate Appropriations Chair Susan Collins has denounced the pocket rescission move as illegal.True
- The Trump administration is using the rescission process to refuse expenditures that Congress has directed.True
- The Trump administration performed a pocket rescission of $800 million across multiple programs.True
- Seven states have sued over the Trump administration's pocket rescission move.True