Miami Herald

Administra­tion officials defend executive action on pandemic relief

- BY EMILY COCHRANE, ALAN RAPPEPORT AND LUKE BROADWATER New York Times

Businesses and the unemployed faced uncertaint­y as administra­tion officials defended the president’s directives and Democrats criticized them.

WASHINGTON

President Donald Trump’s attempt to circumvent Congress to provide coronaviru­s relief in the absence of a broad agreement resulted in confusion and uncertaint­y Sunday for tens of millions of unemployed Americans and countless businesses seeking aid after critical benefits lapsed.

As negotiatio­ns with congressio­nal Democrats remained at an impasse, administra­tion officials were on the defensive a day after the president’s legally questionab­le executive actions, at times contradict­ing one another as they sought to explain how the measures would work and how quickly Americans could see any form of relief.

In a series of television appearance­s Sunday, they insisted that Americans would receive the aid promised by Trump, including a $400 weekly supplement to unemployme­nt checks.

But that funding will be contingent on agreement from state officials, who are already struggling amid budget shortfalls caused by the economic crisis, and the siphoning of aid from a federal fund for disaster

relief in the middle of what is expected to be an active hurricane season.

The series of measures Trump signed Saturday were intended to revive unemployme­nt benefits, address an eviction ban, provide relief for student borrowers and suspend collection of payroll taxes after two weeks of talks between congressio­nal Democrats and administra­tion officials failed to produce an agreement on a broader relief package.

But the patchwork of moves was less significan­t than what the president described in his news conference, and the plan appeared unlikely to have immediate, meaningful impact on the sputtering economy, in part because it provided no direct aid to struggling businesses.

Because Congress has the constituti­onal authority to allocate federal spending, Trump — who has frequently turned to unilateral action, as opposed to wrangling through tough negotiatio­ns — is likely to need congressio­nal agreement, and legislatio­n, to deliver additional financial relief to American families and businesses.

Democrats swiftly criticized Trump’s actions as an example of executive overreach, saying the measures offered thin support for struggling Americans and warning that the nation’s social safety net could be jeopardize­d while the coronaviru­s pandemic continued to spread. After two weeks of huddling with Trump’s top advisers on Capitol Hill in an effort to hammer out a deal, House Speaker Nancy Pelosi of California and Sen. Chuck Schumer of New York, the Democratic leader, called for talks to resume.

“The president’s meager, weak and unconstitu­tional actions further demand that we have an agreement,” Pelosi said on “Fox News Sunday.” She rejected the suggestion that she had erred by holding out for Democratic priorities, telling the program’s anchor, Chris Wallace, that “clearly you don’t have an understand­ing of what is happening here.”

Schumer, speaking on ABC’s “This Week,” declared that “the president’s executive orders, described in one word, could be paltry, in three words, unworkable, weak and far too narrow.”

Trump’s top economic advisers were on the defensive on the Sunday talk shows as they tried to justify the president’s authority to bypass Congress, which retains the constituti­onal power of the purse, to redirect billions of dollars.

They argued that Democrats, who first approved a $3.4 trillion stimulus package in May, were unwilling to compromise, particular­ly on sending additional aid to state and local government­s.

Steven Mnuchin, the

Treasury secretary, called on Pelosi and Schumer to consider a more narrow package that addressed the issues where there was agreement, saying that negotiator­s had resolved most provisions except for reviving unemployme­nt benefits and distributi­ng money to state and local government­s. (Drew Hammill, a spokesman for Pelosi, disputed that characteri­zation.)

“We don’t have to get everything done at once,” Mnuchin said on “Fox News Sunday.” “What we should do is get things done for the American public now, come back for another bill afterward.”

He insisted that White House lawyers approved the moves as legal and dared Democrats to take the White House to court to stop money from being released to jobless Americans.

“If the Democrats want to challenge us in court and hold up unemployme­nt benefits to those hardworkin­g Americans that are out of a job because of COVID, they’re going to have a lot of explaining to do,” Mnuchin said.

But there was some acknowledg­ment that the measures could face legal challenges and were not as potent as congressio­nal action.

A number of critical provisions are also left unaddresse­d without a broader deal, including a lapsed federal program for small businesses, another round of stimulus checks, aid to schools confrontin­g the beginning of the academic year and funds for state and local government­s reeling from the toll of the pandemic.

“The downside of executive orders is you can’t address some of the small business incidents that are there,” Mark Meadows, the White House chief of staff, said in a pretaped interview that aired Sunday on Gray Television. “You can’t necessaril­y get direct payments, because it has to do with appropriat­ions. That’s something that the president doesn’t have the ability to do. So you miss on those two key areas.

You miss on money for schools. You miss on any funding for state and local revenue needs that may be out there.”

White House lawyers had been crafting the executive actions over the past two weeks. By Friday, after the talks remained at a stalemate, it became clear that they would need to move forward with the plan. Trump was eager to sign the payroll tax order Friday evening, according to a senior administra­tion official, but after his legal team said it was not yet ready, he opted to do so Saturday at his Bedminster golf club.

Officials in recent days had been debating which measures to employ, with Mnuchin resistant to the payroll tax suspension and Larry Kudlow, the director of the National Economic Council, arguing in support of it, according to a senior administra­tion official. Although White House officials believe the executive actions have given Trump the upper hand, his advisers continue to say that more support for schools and another round of stimulus checks are needed to keep the economic recovery on track.

Among the most complicate­d measures is the president’s intention to revive lapsed weekly federal unemployme­nt payments of $600 through the repurposin­g of other federal funds, including from a pot of disaster relief aid, to create a $400-a-week bonus payment. That payment, however, is contingent on states providing $100 per week and establishi­ng an entirely new program — called a “lost wages assistance program” — to distribute the aid.

Kudlow argued that states would be able to support the demand for $100 a week given that billions of dollars allocated in the $2.2 trillion stimulus law in March had not yet been spent. But when pressed during an interview on CNN, he acknowledg­ed that it remained unclear how much states would be able to provide and when those benefits would be distribute­d.

While Mnuchin said Sunday that states could waive the $100 fee and payments could start “immediatel­y,” Kudlow said the payments could take a few weeks.

On CNN’s “State of the

Union,” Gov. Mike DeWine of Ohio, a Republican, said he was studying whether his state government could afford to pay an extra $100 a week for unemployme­nt insurance as required by Trump’s latest order.

“The answer is, I don’t know,” DeWine said.

It also remains unclear whether Trump’s decision to suspend the payroll tax through December, deferring payments, would have any immediate effect. His push to suspend the tax has faced significan­t objections from both parties, with Senate Republican­s ultimately leaving out the proposal altogether in the $1 trillion legislatio­n they unveiled late last month.

Many companies are likely to decline to stop withholdin­g money for payroll taxes since it is uncertain that they will ever be waived. But Mnuchin rejected suggestion­s from Democrats that deferring payroll taxes would lead to cuts in Social Security or Medicare benefits. The money that supports those programs would be backstoppe­d by a transfer from the Treasury general fund, he said.

Still, he acknowledg­ed that the payroll taxes would eventually have to be repaid unless Trump could reach a deal on legislatio­n that would allow them to be waived or forgiven — an unlikely scenario — and that the deficit would continue to swell.

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