Federal judge rules for Trump administration to release FEMA funds

• U.S. District Court Chief Judge John McConnell Jr. ruled that the Trump administration must release millions of dollars in FEMA funds to 22 Democratic states and Washington, D.C. He found that the administration violated a court order by withholding the grant money.
• President Trump signed an executive order directing a review of FEMA’s spending, citing concerns of political bias. This led to the Office of Management and Budget issuing a freeze on certain financial assistance programs, later challenged and temporarily restrained by Judge McConnell.
• The Trump administration’s argued the review process was necessary to prevent fraud, waste or abuse. However, Judge McConnell ruled that FEMA must comply with the injunction and disburse the funds. The 1st U.S. Circuit Court of Appeals rejected the administration’s appeal.

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A federal judge in Rhode Island ruled that the Trump administration must release millions of dollars in Federal Emergency Management Agency (FEMA) funds to 22 Democratic states and Washington, D.C.

Who is the judge?

U.S. District Court Chief Judge John McConnell Jr., an Obama appointee, ruled Friday, April 4, that the Trump administration violated a court order by withholding the grant money from the states.

The funds had been approved by Congress but were frozen after President Donald Trump signed an executive order on Jan. 24. The executive order directed a review of FEMA and how it was spending funds.

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“There are serious concerns of political bias in FEMA,” the order stated. “Despite obligating nearly $30 billion in disaster aid each of the past three years, FEMA has managed to leave vulnerable Americans without the resources or support they need when they need it most.”

Why did Trump freeze the funds?

Trump has said he wants states to oversee their own emergency responses, with the federal government stepping in to help with funds when necessary.

Three days after Trump signed the executive order, the Office of Management and Budget (OMB) issued a freeze on certain financial assistance programs.

One week after Trump signed the order, Judge McConnell issued a temporary restraining order against the funding freeze. Ten days later, he sided with the states, ordering FEMA to restore the funds immediately.

The federal government appealed, but on March 26, a three-judge panel from the 1st U.S. Circuit Court of Appeals rejected the appeal.

Did the Trump administration freeze the funds?

Attorneys general representing the states and D.C. returned to Judge McConnell. They argued their funding requests were still subject to a “review process” and the action went against the court order.

The Trump administration argued back, saying the review process had nothing to do with the OMB’s memo. They stated, “Reimbursement payments are allowable, allocable, and reasonable per each award’s terms and conditions … and are free from fraud, waste, or abuse.”

In his Friday ruling, Judge McConnell said FEMA’s review process “essentially imposes an indefinite, categorical pause on payments.”

Why did the judge rule the way he did?

The judge decided FEMA, under the Trump administration, “must immediately comply with the plain text of the preliminary injunction order not to pause or otherwise impede the disbursement of appropriated federal funds to the states” based on Trump’s executive orders.

Straight Arrow News reached out to the Trump administration for its response. A senior official with the Department of Homeland Security told us, “This is yet another example of an activist judge trying to obstruct President Trump’s agenda. At the direction of Secretary Noem, FEMA has implemented additional controls to ensure that all grant program activity is consistent with law and does not promote fraud, waste or abuse, as it has in the past. We will continue to ensure that U.S. taxpayer dollars are being used wisely and for mission-critical efforts.”

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The Attorney General for the state of Rhode Island, a plaintiff in the case, also responded. The official said, in part, “When the president and his administration continuously flout court orders, they are testing the boundaries of what they can get away with, and toying with American lives in the process. Enough is enough, and the court has made that crystal clear. Our office and attorneys general across the country will continue our relentless pursuit of the rule of law, and we will not hesitate to ensure that the people of Rhode Island receive every dollar that they are due.”

It’s unclear how the Trump administration will proceed.