On Friday night’s 11th Hour, MSNBC columnist Hayes Brown argued that the government finding and reallocating money to fund certain personnel to be illegal, but failed to provide concrete evidence or reasoning. The segment was based on Brown’s equally weak opinion piece published earlier that day.
Brown’s beef was with authorities finding the means to keep certain federal staff and functions funded. But Brown couldn’t make the argument without immediately contradicting himself:
… in many of these cases, that’s not technically allowed. For example, military officials getting their paychecks this week, that was done by raiding the research and development funds at the Pentagon, which there are ways you can do that. Pete Hegseth does have powers to do that under the law, but it’s capped at a certain amount, and there are certain guidelines to what you have to do to make that happen.
Which was it, Brown? Either it was legal or it wasn’t.
The uneasiness didn’t stop there: “More troubling, I think, is the fact that in the White House this week, we had FBI Director Kash Patel saying Trump found money for special agents to get paid. No explanation where that money came from…”
Oh no! Some law enforcement agents tasked with investigating the most dangerous domestic threats will continue operating!
Brown, again, failed to prove his line of argument that the unusual funding procedures were clearly in violation of the law: “But then you have more confusing things, like giving WIC money from pulling money from tariff revenue to put into WIC […] Where technically that might be allowed, but it is a very novel use of it.”
Even if these tactics were illegal, Brown admitted it would be unlikely to be challenged in court, citing bad optics:
The problem is you have to have someone who is willing to go to court and say, “Please don’t give money to poor mothers and infants. Please don’t give money to the military.” And the White House is betting that the optics of that are bad enough that they’ll just be able to skate by.
The clear argument for the White House would be: “We found a way while Democrats refused to re-open the government.” You can cash that check any day, Brown.
The transcript is below. Click “expand” read:
MSNBC’s The 11th Hour with Stephanie Ruhle
October 17, 2025
11:07:47 p.m. EST
(…)
CATHERINE RAMPELL: So, Hayes, Nayyera mentioned just now the military parade and some other extravagant things that Trump has spent money on. You’ve actually written something recently about how he has used some creative accounting to continue spending money on his own priorities, even as the government has shut down. Can you explain how he is doing that and why I believe you think it is illegal?
HAYES BROWN: So, because OMB Director Russell Vought, who for all of his faults, is very good at what he does. And what he’s doing right now is trying to make sure that even in the midst of a shutdown, when there is technically no money, he is looking for places within the federal government that have pockets of cash still and saying, “We’ll just use this.”
The problem there is that for — in many of these cases, that’s not technically allowed. For example, military officials getting their paychecks this week, that was done by raiding the research and development funds at the Pentagon, which there are ways you can do that. Pete Hegseth does have powers to do that under the law, but it’s capped at a certain amount, and there are certain guidelines to what you have to do to make that happen.
More troubling, I think, is the fact that in the White House this week, we had FBI Director Kash Patel saying Trump found money for special agents to get paid. No explanation where that money came from —
RAMPELL: Like, in the couch cushions somewhere, probably.
BROWN: Absolutely. Just enough to fund 1,800 special agents or something is what Patel said. But then you have more confusing things, like giving WIC money from pulling money from tariff revenue to put into WIC —
RAMPELL: Which is nutritional assistance for —
BROWN: For newborn mothers —
RAMPELL: — women and new moms. Moms and kids.
BROWN: Where technically that might be allowed, but it is a very novel use of it. But a court might say this is illegal. The problem is you have to have someone who is willing to go to court and say, “Please don’t give money to poor mothers and infants. Please don’t give money to the military.” And the White House is betting that the optics of that are bad enough that they’ll just be able to skate by.
RAMPELL: Right. Who wants to be on the side of “Keep the money away the poor moms and babies”? I get that.
(…)
