February 13, 2025
Dear @realDonaldTrump, @SusieWiles, @StephenMiller47, and @elonmusk, I cannot give you legal advice and you should consult with competent lawyers, apparently other than your current lawyers who don't seem to understand how to fast track your very much needed "America First policies. The following is simply my opinion after 28 years of being a self taught section 1983, Bivens, and Constitutional scholar and is what I would do if I were president trying to implement the exact same policies as you Mr. Trump. This is the proper procedure you need to follow under The Impoundment Control Act Of 1974 which is what you must follow in order to freeze (properly referred to as "defer") or stop (Properly referred to as "rescission" under federal law), any funds being misused by USAID and if you would like to terminate the entire program.
Here's a formal draft of a Special Message to Congress from President Donald J. Trump, prepared under 2 U.S. Code Chapter 17B - Impoundment Control, outlining the legal justification for impounding or deferring funds allocated to USAID due to fraud, waste, and abuse. This draft follows the framework required under the Impoundment Control Act of 1974 and includes provisions for both rescission and deferral of funds as seen here: https://uscode.house.gov/view.xhtml?path=/prelim@title2/chapter17B&edition=prelim
You are welcome to add matters or delete matters as you see fit and after the message is complete and satisfactory to your liking refer to the procedures for transmitting it to congress here: https://uscode.house.gov/view.xhtml?path=/prelim@title2/chapter17B&edition=prelim
These are the "Applicable authorizing, statutes, and terms", that Judge John J. McConnell Jr., is referring to in his TRO that he is purposely being vague about as he doesn't want you to know HOW you are in violation of the law and WHAT LAW YOU ARE VIOLATING. To be fair, he is not obligated to tell you and is using that to his full advantage. Again, all just my opinion, but the sooner you send this type of message the sooner you can begin implementing the freezes, properly known as impoundment of funds.
"SPECIAL MESSAGE TO CONGRESS
FROM THE PRESIDENT OF THE UNITED STATES
TO THE HOUSE OF REPRESENTATIVES AND THE SENATE
SUBMITTED PURSUANT TO 2 U.S.C. § 683 & § 684
Subject: Rescission and Deferral of Funds Allocated to the U.S. Agency for International Development (USAID) Due to Gross Mismanagement, Fraud, and National Security Concerns
To the Congress of the United States:
Pursuant to the Impoundment Control Act of 1974 (2 U.S.C. § 683 and § 684), I hereby transmit this Special Message to notify the Congress of my intention to rescind and defer certain budgetary resources allocated to the United States Agency for International Development (USAID) due to credible evidence of fraud, misallocation of funds, and ongoing national security concerns regarding the misuse of taxpayer dollars.
Over the past decade, USAID has been plagued by numerous instances of financial mismanagement, fund diversion, and systematic failures to account for the appropriate use of foreign aid. Several investigations, including reports from the Government Accountability Office (GAO), the Special Inspector General for Afghanistan Reconstruction (SIGAR), and independent oversight bodies, have identified severe deficiencies in USAID’s operations, including:
1. Misappropriation of Funds in Afghanistan & Pakistan: $60 million annually allocated to the Women’s Scholarship Endowment Program in Afghanistan has been systematically diverted by the Taliban and Pakistani intermediaries, with no evidence of scholarships being awarded to Afghan women.
Over $800 million spent in Pakistan for educational infrastructure has no verifiable evidence that schools were built or that funds reached the intended recipients.
2. Humanitarian Funds Directly Benefiting Terrorist Organizations: Recent reports indicate that portions of USAID funding designated for humanitarian assistance in the West Bank and Gaza may have indirectly benefited Hamas-controlled entities.
In Afghanistan, USAID continues to provide over $40 million per week in so-called humanitarian aid, yet extensive evidence shows the Taliban extorts local populations, steals food shipments, and re-distributes aid to its affiliates.
3. USAID’s Role in Undermining U.S. Foreign Policy: USAID has been implicated in covert regime-change operations, including the ZunZuneo program in Cuba, where funds were secretly used to create a social media platform to incite political opposition—activities that align more closely with covert intelligence operations than humanitarian aid.
USAID funds have reportedly been used to influence domestic and foreign media, funding organizations such as the Organized Crime and Corruption Reporting Project (OCCRP), which has received nearly half of its funding from USAID while targeting U.S. allies and disseminating politically motivated narratives.
4. Direct Financial Links to Individuals with Terrorist Ties: Abdullah bin Laden, a relative of Osama bin Laden, was revealed in congressional testimony to have received USAID funding.
USAID reportedly funded the college education of Anwar al-Awlaki, who later became a key al-Qaeda leader and was directly linked to the 9/11 hijackers.
LEGAL AUTHORITY FOR RESCISSION AND DEFERRAL
Pursuant to 2 U.S.C. § 683, I am proposing the rescission of all remaining fiscal year (FY) 2025 appropriations to USAID, totaling approximately $XX billion. This rescission request is based on the agency’s failure to properly allocate funds, prevent fraud, and ensure that U.S. taxpayer dollars do not benefit adversarial entities or terrorist organizations.
Additionally, under 2 U.S.C. § 684, I am deferring the obligation of all USAID funds for a period of 45 days, effective immediately upon the submission of this message to Congress, pending a full review of the agency’s expenditures. The deferral of funds is necessary to:
1. Prevent further financial mismanagement and immediate misuse of funds;
2. Ensure no further taxpayer dollars are funneled to terrorist organizations or used in politically motivated operations abroad;
3. Conduct an emergency review of USAID programs to determine which, if any, should continue under strict oversight.
REQUEST FOR CONGRESSIONAL ACTION
I am calling on Congress to take the following actions:
1. Approve the Full Rescission of USAID’s FY2025 Budget: Congress should permanently rescind all remaining USAID funds, reallocating necessary resources to direct U.S. national security and infrastructure programs.
2. Establish an Independent Oversight Panel to Investigate USAID Misuse of Funds: I request the formation of a bipartisan committee to audit USAID’s past expenditures, ensuring full transparency regarding misallocated funds and corruption.
3. Suspend USAID’s Authority to Administer Foreign Aid Until Further Review: The functions of USAID should be transferred to direct government-to-government agreements under stricter oversight, eliminating wasteful middlemen and potential corruption.
CONCLUSION
The American people deserve to know that their hard-earned tax dollars are not funding terrorism, fraud, or covert influence operations abroad. USAID was founded with noble intentions, but it has been hijacked by corruption, inefficiency, and political agendas that do not serve the interests of the United States. It is time to re-evaluate, reform, and, if necessary, dismantle the agency to protect the integrity of U.S. foreign assistance programs.
I urge Congress to act swiftly in considering this Special Message and implementing the necessary measures to protect American taxpayers, safeguard national security, and restore accountability to U.S. foreign aid programs.
Respectfully Submitted,
Donald J. Trump
President of the United States
This document follows the Impoundment Control Act of 1974 requirements for a special message to Congress regarding the rescission and deferral of funds. It presents clear evidence of mismanagement, justifies the impoundment under national security and fraud concerns, and proposes concrete actions for Congress to take."
Once the President transmits a Special Message to Congress under the Impoundment Control Act (ICA) of 1974 (2 U.S.C. § 683 & § 684), Congress must act within strict time limits. It does not go through the same drawn-out process as cabinet nominees, judicial appointments, or regular legislation. Here’s how it works:
1. If the President Requests a Rescission (Permanent Cancellation of Funds) – 2 U.S.C. § 683
Congress has 45 calendar days to approve or reject the President’s rescission request.
A simple majority vote in both the House and Senate is required to approve the rescission.
If Congress does not act within 45 days, the funds must be released for obligation and cannot be withheld beyond that point.
2. If the President Defers Funds (Temporary Delay in Spending) – 2 U.S.C. § 684
The President can defer spending for up to the end of the fiscal year for policy reasons.
Congress can override the deferral at any time with a simple majority vote.
If Congress takes no action, the deferral expires at the end of the fiscal year, and the funds must be obligated.
Does Congress Have to Go Through a Lengthy Process?
No lengthy hearings are required.
No Senate confirmation process (like for cabinet nominees).
No filibuster—rescission votes are considered under expedited procedures.
If Congress wants to approve the rescission, they can fast-track a simple bill to rescind the funds.
If Congress ignores the request, the funds must be released for use.
Bottom Line:
Congress can quickly vote on the rescission or deferral with a simple majority in both chambers.
If they don’t act within 45 days, the funds must be spent as originally intended.
Deferrals can last until the end of the fiscal year unless Congress blocks them sooner.
Strategic Implications for Trump.
If Congress drags its feet, Trump could continue issuing deferrals until the fiscal year runs out.
However, since Republicans control both chambers, they could quickly pass the rescission and defund USAID almost immediately.
This process moves much faster than a Supreme Court nomination or new legislation, making it a powerful tool for stopping wasteful government spending without waiting for a new budget cycle.
Should any of you from the Trump Cabinet who are not the president read this and choose to adopt this, please give credit to myself letting the president know from whom you learned it, and please Let me know if I can be of any further help to your administration.
Praying God's Grace, Mercy, And Peace, For You and Your Administration.
All My Best,
WLBJ