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By Aila Slisco
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U.S. District Judge John McConnell says he may grant a restraining order against President Donald Trump's federal funding freeze due in part to a social media post by White House press secretary Karoline Leavitt.
Newsweek reached out to the White House via email for comment on Wednesday.
Why It Matters
A Trump administration memo that on Monday ordered a pause on federal grants and loans was rescinded by the administration on Wednesday. The order had already been partially blocked by a different federal judge on Tuesday.
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Leavitt indicated a short time after the memo reversal that the move was made "to end any confusion created by the court's injunction" and insisted that Trump's funding freeze would "remain in full force and effect, and will be rigorously implemented."
"This is NOT a rescission of the federal funding freeze," Leavitt wrote in a post on X, formerly Twitter. "It is simply a rescission of the OMB memo."
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What To Know
McConnell, who is presiding over a lawsuit against the freeze by 23 state attorneys general, indicated during a hearing later on Wednesday that he may grant a restraining order blocking the Trump administration from freezing funds while suggesting that Leavitt's post showed that the decision to reverse the memo was only a ruse, according to Politico.
"I'm inclined to grant the restraining order," McConnell reportedly said. "I fear...that the administration is acting with a distinction without a difference."
Politico reporter Kyle Cheney wrote on X that the judge specially cited "comments by the president's press secretary" as his reason for likely blocking the administration's "hugely ambiguous" order to freeze funds.
Stephen Portnoy, a national correspondent for ABC News Radio, also shared Leavitt's post while commenting that "a federal judge in Rhode Island says *this tweet* has convinced him to grant a temporary restraining order blocking a broad funding pause."
"The order has not been issued yet," he added. "But Judge Jack McConnell says the WH press secretary's tweet above provides him with 'sufficient evidence' that a funding pause is still in place, and he'll make a final ruling after papers are filed by both sides."
Department of Justice lawyer Daniel Schwei unsuccessfully argued in court that the lawsuit should be thrown out because it targeted the OMB memo, according to The Providence Journal. The Trump administration will have 24 hours to respond to a plaintiff-drafted proposal to block the freeze before McConnell makes a final decision.
What People Are Saying
Democratic Representative Richard Neal of Massachusetts, in a statement: "The Constitution is explicitly clear about where the power of the purse lies, and that is with Congress. The courts have previously decided on this issue and they have done so once again, reiterating the fact that the President's power is not unchecked... Any future attempts to pause funding that has already been authorized by Congress will be stopped dead in its tracks."
Margot Cleveland, senior legal correspondent for conservative website The Federalist, in a post to X: "During today's hearing, Judge McConnell reportedly suggested he was inclined to grant the TRO given that Press Secretary's comments that freeze remains on. IF Judge McConnell enters TRO it would be outrageously wrong--but a TRO cannot (typically) be appealed!"
What Happens Next
McConnell could issue a temporary restraining order against the funding freeze later this week, although the Trump administration would almost certainly seek other methods to put the freeze into place and additional legal battles over the policy are likely.
Update 01/29/25 6:02 p.m. ET: This article was updated with additional information.
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