The U.S. Constitution prevents a $130 million donation from being used to pay military members during the Democrats' government shutdown, Judge Andrew Napolitano told Newsmax on Monday.
Appearing in-studio with Newsmax's "National Report" co-hosts Shaun Kraisman and Emma Rechenberg, Napolitano said that while the donation — reportedly from billionaire Timothy Mellon — was generous, the law makes it clear that private funds cannot replace congressional appropriations.
"He's obviously a very charitable person," Napolitano said. "However, the government can't spend that money because the Constitution says no money shall be spent from the public treasury but that which has been authorized by Congress."
Citing the Antideficiency Act, the former New Jersey Superior Court judge explained that the War Department is legally prohibited from using funds not appropriated by Congress, even if voluntarily given.
"The government can't take money from a source other than Congress, and it can't spend money other than that which is appropriated by Congress," Napolitano said. "So, I would think that someone in Mr. Mellon's financial category would have a team of lawyers examining this for him."
Mellon, a reclusive billionaire banking heir and longtime supporter of President Donald Trump, donated $130 million to the Pentagon to help cover active-duty paychecks amid the prolonged shutdown, The New York Times reported Saturday.
The Pentagon confirmed that it accepted the donation under its "general gift acceptance authority," saying the funds were intended to offset troop salaries and benefits.
Still, the donation appears to violate the Antideficiency Act, which prohibits federal agencies from spending money beyond congressional appropriations or accepting voluntary services.
"The Defense Department does have some charitable entities it can receive contributions for," Napolitano said, "but that money doesn't go to spend the troops."
The Times reported that Mellon, who has given hundreds of millions to support Trump and Republican causes, has made no public comment on the donation, which Trump announced last week, calling the donor a "patriot" and "a great American citizen."
Napolitano also noted that Mellon's contribution does not qualify for a tax deduction.
"If he is able to give the $130 million, he has already paid taxes on it," he said. "This is not tax-free dollars. This is money on which he has already paid taxes."
With Congress deadlocked and federal workers missing paychecks, Napolitano said frustration among the military and civil servants is understandable, but constitutional limits remain.
"Congress would have to change the law," he said. "The legislation says you can't spend what we don't give you. And right now, Congress isn't working."
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Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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