“The administration so far has declined to release copies of its internal communications about this vital issue — the legality of what Trump had ordered,” reported The Beast. “On Friday, in 146 pages of new documents provided to the Center for Public Integrity under a court order, the Justice Department blacked out — for the second time — many of the substantive passages reflecting what key officials at the Pentagon and the Office of Management and Budget said to one another.”
At issue is a federal law known as the Impoundment Control Act. Under this law, the White House must release funds appropriated by Congress, and cannot withhold them without a clear reason under law communicated to Congress. There was a September 30 deadline past which point failure to release any of the funds would be illegal — and while the delay ultimately did not hit that deadline, OMB officials worried that the longer they waited, the more difficult it would be to follow the law. At least two resigned rather than carry out the suspension.