Experts question legality of moving funds to pay troops, say it is unlikely to be challenged

The Pentagon said it identified about $8 billion of unobligated research development testing and evaluation funds that will be used to pay active duty military during this pay period.

"Even if not strictly 100% legal to shift that money around, I think it would be difficult for many members of Congress to say don't pay the troops," said Aubrey Jewett, a professor at the School of Politics, Security, and International Affairs at the University of Central Florida.

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What we know:

Jewett said there are two sides to this issue, with people on both sides of the aisle saying President Donald Trump cannot reallocate funds.

"Even if it was challenged, it might withstand judicial scrutiny in the long run," Jewett said.

Jewett said a missed check for an enlisted officer or sailor could be disastrous given their already low pay, but he notes that a missed payday will be tough on all government employees.

PREVIOUS: Trump orders Pentagon to use available funds to pay troops amid government shutdown

Jewett points out that moving $8 billion around will only solve this issue once. If the government does not reopen after this, they have the same issue again for the next paycheck.

What they're saying:

In DC, veterans are calling on lawmakers to figure out a way to pay the troops what they are owed.

"This isn't a bureaucratic inconvenience," said Tom Porter, the vice president of Blue Star Families. "It's a direct assault on our on the financial stability of those who sacrifice so much for this country."

"And while Congress has many things that they need to hash out at this point, our veterans and troops should not be a pawn in their game," said Kyleanne Hunter, the CEO of Iraq and Afghanistan Veterans of America. "So united here together, one of the biggest coalitions since we got together to pass the PACT Act, we are calling on Congress, reopen the government and past pay our troops."

READ: U.S. military service members aren’t paid during government shutdown; most VA services not impacted

Dig deeper:

Believe with Me, a Florida charity supporting Gold Star families, said this shutdown is hurting those who depend on government support. Lyette Reback, the founder of Believe with Me, is rallying support for those who can not afford basic necessities such as food or shelter without government support.

"I had a student that reached out and said, you know, 'normally I get this much and that's what I use to pay for my apartment,'" Reback "'I'm a student at the University of Kentucky, and that's not happening right now.' So we jumped into action and got him some support."

The Source: The information in this story was gathered by FOX 13's Danielle Zulkosky.

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