D.C. Circuit holds that the legislative power is vested in Congress

A federal appeals court panel shot down a Trump administration bid to make secret a public database of federal spending that researchers say is crucial to ensure the administration is not flouting Congress’ power of the purse.
In an order issued Saturday evening, the three-judge D.C. Circuit Court of Appeals panel voted unanimously to give the administration until Friday to put the data back online.
Two of the three appeals judges assigned to the matter also signed onto a forceful opinion declaring that the administration’s bid to conceal the data was an affront to Congress’ authority over government spending, one that threatened the separation of powers and defied centuries of evidence that public disclosure is necessary for the public good.
“No court would allow a losing party to defy its judgment. No President would allow a usurper to command our armed forces,” Judge Karen Henderson, a George H.W. Bush appointee, wrote in support of the decision to deny the Trump administration’s request to keep the data under wraps while litigation over the issue goes forward. “And no Congress should be made to wait while the Executive intrudes on its plenary power over appropriations.”
The Trump administration ignited the legal battle when it decided in March to abruptly shut down the database, claiming the widely available public data threatened the president’s ability to manage federal spending. Henderson noted that the decision came amid a torrent of lawsuits questioning whether the administration was preparing to illegally “impound” — or withhold — congressionally mandated spending required by law to disburse. The administration claimed the database also forced the disclosure of information meant to be shielded from public view.
U.S. District Judge Emmet Sullivan rejected that view out of hand last month, in a lawsuit brought by Citizens for Responsibility and Ethics in Washington and the Protect Democracy group. The Clinton-appointed judge ordered the administration to immediately restore the website. The Justice Department quickly appealed and won a short-term pause of Sullivan’s decision. But Saturday’s ruling by the appeals court panel ends that pause.
Henderson agreed with Sullivan, saying Congress’ power is “at its zenith” when it comes to both approving federal spending and requiring details of that spending to be publicly disclosed. In other words, only Congress — not the administration — could decide to shut down the database.
The idea that Trump has the authority to just stop publishing the data required by Congress — precisely because it would interfere with the administration’s ability to illegally impound funds! — is as legally plausible as the claim that that a 14-year-old could become president. Or that a president could run for a third term, so I think we’re seeing what the problem could be here.