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cerin.bsky.social

@cerin.bsky.social
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
There is one way this pocket rescission is different that folks aren’t talking about yet- OMB officials who prepped it may face personal liability under Sec 739 of Financial Services & General Gov’t Approps Act as @davidasuper.bsky.social and I explained thehill.com/opinion/cong...
thehill.com
Congress rejected some of Trump’s proposed budget cuts. OMB is making them anyway.
President Trump and the Office of Management and Budget are accused of violating the separation of powers by attempting to unilaterally withhold funds that Congress specifically appropriated.
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
The so-called pocket rescission proposed by the White House this evening is unlawful and unconstitutional -- and it is not a close call- www.whitehouse.gov/wp-content/u...
whitehouse.gov
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
Last year OMB tried to point to past examples as precedent - and Billy Ford and I did a deep dive to show why those examples don't actually support the authority OMB claims-- www.lawfaremedia.org/article/past...
lawfaremedia.org
Past Pocket Rescissions Are Not Precedents for Power Vought Claims
A deeper look at the examples cited by Trump’s OMB and how Congress fought back against those late rescissions from Presidents Ford and Carter.
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
Sen. Ervin made clear that in enacting the ICA, Congress intended the law to apply to “any action by the executive branch ... inconsistent with achieving the full scope, intent, and objectives of Congress in enacting that appropriation.” protectdemocracy.org/wp-content/u...
protectdemocracy.org
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
The law professors called the "notion" of a pocket rescission "inconsistent with the Impoundment Control Act" itself! www.documentcloud.org/documents/26...
documentcloud.org
House and Senate Appropriations Letter on Pocket Rescissions
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
As the bipartisan group of former staff from OMB & Appropriations Committee have said "a “rescission,” as OMB’s definition recognizes, requires legislative action." www.documentcloud.org/documents/28...
documentcloud.org
pocketrescissionletter_9.2.2025
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cerin.bsky.social @cerin.bsky.social · 26/09/2026
This OMB stands alone in intepreting the law the way they have - not only against GAO but also former OMB staff from Democratic and Republican Administrations, non-partisan law professors expert in appropriations, & the history of the law itself. www.gao.gov/products/b-3...
gao.gov
U.S. GAO - Impoundment Control Act--Withholding of Funds through Their Date of Expiration
An "impoundment" is any action or inaction by an officer or employee of the federal government that precludes obligation or expenditure of budget...
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cerin.bsky.social @cerin.bsky.social · 31/08/2026
The use of federal resources to make gov sponsored covert comms violates the rider barring use of appropriations for propaganda — someone should ask these folks if they’ve lawyered up yet. ADA liability is personal and can be criminal protectdemocracy.org/wp-content/u...
protectdemocracy.org
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cerin.bsky.social @cerin.bsky.social · 20/08/2026
$15M in 26/30 funds openomb.org/file/11542274
openomb.org
White House Repair and Restoration | 11542274
Apportionment file 11542274 (White House Repair and Restoration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 20/08/2026
$5 million in 26/28 funds openomb.org/file/11542271
openomb.org
White House Repair and Restoration | 11542271
Apportionment file 11542271 (White House Repair and Restoration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 20/08/2026
$16.1 M more in fy25/29 funds- someone should check that OBBBA Secret Service account to see if it’s leaking openomb.org/file/11542272
openomb.org
White House Repair and Restoration | 11542272
Apportionment file 11542272 (White House Repair and Restoration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 20/08/2026
$15M more in no year funds (the same account that gets the regular approps from congress and donations from NPS) openomb.org/file/11542273
openomb.org
White House Repair and Restoration | 11542273
Apportionment file 11542273 (White House Repair and Restoration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 20/08/2026
For folks following the ballroom money trail- OMB apportioned $91.1 million in new funds for the White House Repair and Restoration accounts used to pay for East Wing construction. It’s ‘found this $ in the taxpayers couch cushions’ $ moves - starts w $40M in FY26 funds openomb.org/file/11542275
openomb.org
White House Repair and Restoration | 11542275
Apportionment file 11542275 (White House Repair and Restoration) retrieved from OMB public records
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Reposted by @cerin.bsky.social
Josh Chafetz @joshchafetz.bsky.social · 20/07/2026
Very important piece by Cerin Lindgrensavage and @davidasuper.bsky.social. This behavior by the administration is not only illegal, it is anti-constitutional. thehill.com/opinion/cong...
thehill.com
Congress rejected some of Trump’s proposed budget cuts. OMB is making them anyway.
President Trump and the Office of Management and Budget are accused of violating the separation of powers by attempting to unilaterally withhold funds that Congress specifically appropriated.
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
Duncan claimed the CDFI funds were under "programmatic review" -- which is the same excuse OMB Director Vought has given Members in the past. But programmatic review isn't a lawful reason to delay $ under the Impoundment Control Act so what legal authority OMB claiming for delay?
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
Duncan told @padilla.senate.gov that OMB apportioned the "25-26" Community Development Financial Institutions Funds-- which is half true. FY25 is released, but OMB's impoundment of FY26 funds is right here openomb.org/file/11524287.
openomb.org
Community Development Financial Institution Fund Program Account | 11524287
Apportionment file 11524287 (Community Development Financial Institution Fund Program Account) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
If anyone wants to know when the global health $ Senator Kaine asked Duncan about is released, you can subscribe to email updates for new OMB apportionments releasing $ at openomb.org openomb.org/agency/depar...
openomb.org
OpenOMB | Tracking apportionments just got easier
OpenOMB is the easiest way to find and track apportionments. Apportionments are legally binding plans issued by the White House Office of Management and Budget that set the pace at which federal agenc...
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
When Sen. Murray asked Duncan if OMB would try another pocket rescission he claimed Ford did pocket rescissions too but as Sen. Merkley later points out the Ford example doesn't support Duncan's claim Congress rejecting those cuts and forced Ford to spend the $ lawfaremedia.org/article/past...
lawfaremedia.org
Past Pocket Rescissions Are Not Precedents for Power Vought Claims
A deeper look at the examples cited by Trump’s OMB and how Congress fought back against those late rescissions from Presidents Ford and Carter.
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
In response to Senator Merkley's question about whether he committed to respect Congress's constitutional power of the purse, Duncan reiterated president Trump's claim to an 'impoundment power' -- here's an report that lays out why that 'power' is a Myth protectdemocracy.org/work/the-myt...
protectdemocracy.org
The myth of presidential impoundment power - Protect Democracy
We correct mischaracterizations of the history of presidential impoundments and demonstrate that there is no inherent presidential power to impound.
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cerin.bsky.social @cerin.bsky.social · 16/06/2026
Some additional thoughts as I'm watching @senatebudget.bsky.social hearing on the nomination of Hal Duncan to serve as OMB Deputy Director - www.budget.senate.gov/hearings/the...
budget.senate.gov
The Nomination of Mr. Hal Duncan, of Texas, to be Deputy Director of the Office of Management and Budget | U.S. Senate Committee On The Budget
The Official U.S. Senate Committee On The Budget
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Reposted by @cerin.bsky.social
Spooky Back From The Dead Lazarus @jlazarus.bsky.social · 15/06/2026
In 1991 White House Chief of Staff John Sununu improperly spent $1.4 million (inflation adjusted) on personal travel. It was a top of the news every night for more than a month & Sununu had to resign. In the second Trump Administration $1.4 million of graft is a rounding error.
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cerin.bsky.social @cerin.bsky.social · 01/06/2026
Guess the cost of the move just went up? Now it's $7,895,591 for Ed to move its headquarters... openomb.org/file/1152301...
openomb.org
Program Administration | 11523017
Apportionment file 11523017 (Program Administration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 28/05/2026
In other news - OMB apportioning a weirdly specific amount - $5,395,591 - for expenses related to the Department of Education moving headquarters to 500 D Street SW. openomb.org/file/11522585
openomb.org
Program Administration | 11522585
Apportionment file 11522585 (Program Administration) retrieved from OMB public records
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
Instead of coming clean about freezing CMF, Vought responded by saying OMB has released the ‘25-’26 CDFI funds – the discretionary $ OMB apportioned last week – w/o addressing the Rep’s Q about when OMB is going to release CMF $ for affordable housing. www.youtube.com/live/Ub4UiZ_...
youtube.com
YouTube
Share your videos with friends, family, and the world
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
Last week Rep. Edwards asked this pretty straightforward question about when OMB is going to unfreeze the Capital Magnet Fund, which gets money from fees outside the appropriations process. www.youtube.com/live/Ub4UiZ_...
youtube.com
YouTube
Share your videos with friends, family, and the world
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
One reason it's important to keep track of the details here is OMB is using the complexity of these cuts to pretend they have freed up money that is actually still frozen.
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
Violating this provision can trigger the Antideficiency Act, meaning personal liability for the OMB officials responsible. That could draw a range of administrative penalties, and for knowing and willingful violations: potential jail time.
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
The FY26 Approps Act renews a longstanding prohibition: you can’t use taxpayer dollars to “eliminate or reduce funding for a program” as proposed in the president’s budget — unless Congress has actually enacted that cut. Congress didn’t cut CDFI. OMB did it anyway. www.congress.gov/119/bills/hr...
congress.gov
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
The same impoundment tactic OMB used on FY25 funds appears to have been applied to the $289M Congress just appropriated for CDFIs in FY26. Suggesting OMB doesn’t respect the recently passed bipartisan bills any more than it did last year’s CR openomb.org/file/11512114
openomb.org
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
Capital Magnet Fund: $290M out of $293M withheld. Last year, $410M+ from this account was made available. This fund supports affordable housing and community development lending. openomb.org/file/11509257
openomb.org
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
A second CDFI account: $320M out of $330M withheld in Category C. Last year, that account funded $178M+ for the CDFI Program. Again, Treasury can’t touch it. openomb.org/file/11492930
openomb.org
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
OMB is withholding $296M out of $316M in Emergency Capital Investment Funds (Category C). Last year $168M from this account went to CDFI Reinvestments. That money is now frozen. openomb.org/file/11477953
openomb.org
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
OMB Director Vought recently released FY2025 funds that had been impounded for months. A real concession, but it doesn’t change the broader picture. nativecdfi.net/blog/2026/04...
nativecdfi.net
OMB Updates Apportionment Schedule to Confirm Release of FY 2025 NACA Funding to Treasury - Native CDFI
OMB confirmed its release to the U.S. Department of the Treasury of $289 million in remaining FY 2025 funding for the CDFI Fund.
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cerin.bsky.social @cerin.bsky.social · 21/04/2026
OMB has taken five separate cuts at the CDFI program. Last week, they walked back one. Four remain — and at least one may expose OMB officials to personal legal liability. Recently I explained the five cuts and how they happened www.ifyoucankeepit.org/p/this-is-wh... 🧵
ifyoucankeepit.org
This is what it looks like when OMB kills your program
The anatomy of a murder by five cuts
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cerin.bsky.social @cerin.bsky.social · 12/09/2025
Looking at the apportionment for ED's Higher Ed programs there are a bunch zero'd out: Child Care Access Means Parents In School, Graduate Assistance in Areas of National Need, FIPSE. And $1.9 billion 'unallocated' openomb.org/file/11431544
openomb.org
Higher Education | 11431544
Apportionment file 11431544 (Higher Education) retrieved from OMB public records
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Reposted by @cerin.bsky.social
Bobby Kogan @bbkogan.bsky.social · 01/09/2025
Enormous impoundment-related changes in Trump/Vought's Circular A-11 update from Friday, which is OMB's guidance to agencies They: -removed the definition of impoundment -said GAO's impoundment determinations don't matter -claimed pocket rescission authority -claimed profound deferral authority 🧵
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cerin.bsky.social @cerin.bsky.social · 29/08/2025
But Trump's OMB has never addressed the 1975 OMB statement from that same year that they “did not plan the date of our rescission proposals so as to foreclose the usual requirement for release of funds and that we do not consider that this one case establishes a precedent.” bit.ly/4mZPQgG
bit.ly
Budget Rescissions and Deferrals, 1975
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cerin.bsky.social @cerin.bsky.social · 29/08/2025
The NYPost noted this AM that Trump’s OMB has pointed at past examples from Ford and Carter they claim are precedents for this power grab but looking more closely, those examples don’t cut it, you can read more here: www.lawfaremedia.org/article/past...
lawfaremedia.org
Past Pocket Rescissions Are Not Precedents for Power Vought Claims
A deeper look at the examples cited by Trump’s OMB and how Congress fought back against those late rescissions from Presidents Ford and Carter. 
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cerin.bsky.social @cerin.bsky.social · 29/08/2025
It is worth reading the law – in addition to the provision in §683(b) that requires OMB to spend the money unless Congress acts, you can see for yourself there is no provision that explicitly says OMB can withhold the money while Congress considers the proposal. bit.ly/3VqnGQa
bit.ly
2 USC Ch. 17B: IMPOUNDMENT CONTROL
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cerin.bsky.social @cerin.bsky.social · 29/08/2025
Agree w/ Sen. Collins "Any effort to rescind appropriated funds without congressional approval is a clear violation of the law.” Impoundment Control Act says $ must be spent UNLESS Congress acts to rescind it - there's no get-out-of-spending-free card for OMB if they submit their paperwork late.
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cerin.bsky.social @cerin.bsky.social · 15/08/2025
Seems like a good time to remind folks that sec. 718 of the FY24 FSGG Appropriations Act still applies to FY25 money, and bars the use of funds GOVERNMENT-WIDE “for publicity or propaganda purposes within the United States” unless “authorized by Congress.”
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cerin.bsky.social @cerin.bsky.social · 13/08/2025
Before Congress passed the ICA, plenty of courts heard these cases and provided relief to parties suing over impoundments, here are just a few. protectdemocracy.org/wp-content/u...
protectdemocracy.org
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cerin.bsky.social @cerin.bsky.social · 13/08/2025
The ICA says "Nothing contained in this Act... shall be construed as... affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder." §1001
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cerin.bsky.social @cerin.bsky.social · 13/08/2025
Still making my way through this morning's D.C. Circuit opinion in the foreign aid funding case, but right off the bat am incredibly surprised a court would think the Impoundment Control Act precludes plaintiffs seeking relief when the ICA says the opposite. media.cadc.uscourts.gov/opinions/doc...
media.cadc.uscourts.gov
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
And the statement wraps explaining how a stay would “effectively cut the Congress’s purse strings” while denying the stay maintains the separation of powers balance laid out in our Constitution- granting Congress the power of the purse.
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
One of my favorite bits of the statement explains that apportionment is NOT an executive power — it is the executive exercising statutory authority granted by Congress though its power of the purse.
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
And makes clear that the disclosures the law requires include those pesky footnotes where funds are getting frozen.
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
Judge Henderson’s statement not only explains how mandating public disclosure of apportionments fits squarely within Congress’s power of the purse- but lays out why our Constitution grants that power to congress in the first place.
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
And that’s just CDC- other HHS programs, and funds at other agencies may also be frozen by footnotes that today’s decision could require OMB to finally make public once again— protectdemocracy.org/work/restori...
protectdemocracy.org
Restoring Transparency to OMB Apportionment Decisions - Protect Democracy
Protect Democracy is suing the Office of Management and Budget (OMB) for violating a law that requires public disclosure of “apportionments."
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cerin.bsky.social @cerin.bsky.social · 10/08/2025
And while some CDC money may now be on its way out the door, other programs may still have their funding frozen in a footnote- www.npr.org/sections/sho...
npr.org
CDC to disburse delayed funds for fighting fentanyl and more, staffers say
Much of the public health agency's $9 billion budget had been in limbo, but funds are finally flowing, according to CDC staffers, including for a key overdose prevention program.
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