Judge Napolitano to Newsmax: Constitution Bars Use of $130M Donation to Pay Troops

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.”

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