Legal experts are warning that the War Department cannot legally use a $130 million private donation to pay U.S. troops during the ongoing government shutdown without congressional approval, Federal News Network reported Friday.
The issue stems from an anonymous donor’s check reportedly offered to the Pentagon after President Donald Trump said Thursday that a “friend” had volunteered to cover any shortfall in military pay.
Trump told reporters the individual “gave a check for $130 million, which was sort of a shortfall,” though the White House and Pentagon have not said how that figure was determined.
Pentagon spokesman Sean Parnell confirmed to Federal News Network that the Defense Department had accepted the gift under its “general gift acceptance authority,” saying the donation was intended “to offset the cost of service members’ salaries and benefits.”
“We are grateful for this donor’s assistance after Democrats opted to withhold pay from troops,” Parnell said.
But legal and fiscal experts say the Pentagon cannot spend the funds without authorization from Congress.
David Super, a professor of law and economics at Georgetown University, told Federal News Network that while the government can accept gifts, “spending those funds without congressional appropriation would be unconstitutional and a violation of the Antideficiency Act.”
“Whether the government is or is not lawfully paying the troops’ salaries can’t depend on this gift,” Super said. “They can take the gift and hold it, but they can’t spend it without approval of Congress.”
The Pentagon last week used roughly $8 billion in unobligated research and development funds from the previous fiscal year to cover mid-month paychecks — a move some experts also called legally questionable.
According to a former defense official who spoke with Federal News Network, “There’s no fiscal 2026 military personnel account to put money into.
“You cannot pay fiscal 2026 personnel bills with fiscal 2025 money.”
Federal ethics rules also require the Pentagon to consult with an ethics office before accepting any donation over $10,000 to ensure the donor has no financial or political interests involving the department.
Super said the situation was unprecedented.
“For most countries, paying their own troops is a centerpiece of national security,” he said. “The notion that we don’t know who paid for our troops is humiliating for the country and potentially dangerous.”
Rich Brady, CEO of the Society of Defense Financial Management, told Federal News Network the Pentagon might argue it isn’t violating the Antideficiency Act because “there’s no appropriation to augment.”
Still, he cautioned the move could set a troubling precedent.
“While we’re operating in kind of a gray area, it has legal justification,” Brady said. “The greater issue is, What precedent are you setting by accepting private funds to pay military salaries?”
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