WASHINGTON — The Pentagon can essentially do whatever it wants with funds that have been allocated by Congress for other purposes, according to Assistant Secretary of Defense Jonathan Hoffman.
Hoffman's comments came Wednesday during a Pentagon news conference, in response to a question about plans to cut two Marine Corps F-35 B Lightning II Joint Strike Fighters from the 2020 military budget to help pay for the border wall.
Hoffman said the department has full authority to "re-program" money to help build the border wall, and it doesn't need Congress' permission.
"Clearly there is a declared national emergency on the border. And so, the Department has had a long-standing history, a long-standing practice of supporting the Department of Homeland Security in its efforts, whether it's a response to a natural disaster or response to immigration crises," he said.
Last week the D.o.D. sent a message to Congress announcing it is shifting $3.8 billion in the already appropriated 2020 defense budget to build an estimated 127 miles of the wall along the U.S.-Mexico border.
Lawmakers from both parties have criticized the move.
One of the most vocal has been the top Republican on the House Armed Services Committee Mac Thornberry of Texas.
He said in a statement that, while the Department of Defense is able to make recommendations in the budgeting process, once appropriations decisions are made, "The Department of Defense cannot change them in pursuit of their own priorities without the approval of Congress."
But Hoffman made it sound like it's already a done deal.
"That re-programming has taken place," he said. "It took place last week when the paperwork was signed," he said.
On Wednesday Vice President Mike Pence told 13News Now it's a good trade-off.
"Well, President Trump knows national security begins with border security," he said. "We've made great progress, made historic investments in our border."
And it's not just the F-35 that is in danger of getting cut.
Also on the chopping block: two V-22 Ospreys, one P-8 Poseidon surveillance plane, four C-130's, eight MQ-9 Reaper drones, $194 million in Humvee modernizations, and $650 million in advanced procurement funding for the America Class Amphibious Assault Ship.