The Swamp preparing to sue Trump for not spending enough.

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Lawmakers and activists are preparing for the possibility that President Donald Trump's administration, in its zeal to slash the federal budget, will take the rare step of deliberately not spending all the money Congress gives it — a move sure to trigger legal and political battles.

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Any attempt by Trump officials to avoid spending money on ideological grounds would face legal roadblocks, budget experts note.

The 1974 law cited by the State Department official was enacted amid anger over President Richard Nixon's decision to not spend — or “impound” — billions of dollars appropriated by a Congress that Nixon blamed for deficits and inflation. Lawmakers saw a threat to their constitutional control of federal tax and spending policy.

The law allows the executive branch to request permission from Congress to not use certain funds. But it also says any such request must offer lawmakers a specific and pragmatic rationale for holding on to the money. A general claim that the administration wants to shrink spending won't pass muster, experts said.

The law does give an administration leeway to defer spending available funds, but for limited amounts of time, depending on the program. Some observers expect Trump officials to rely heavily on such deferrals.

Trump’s budget critics note that the law gives the U.S. comptroller general power to sue an administration for not spending funds without a legitimate reason, according to an analysis recently circulated among concerned NGOs.

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