This report has been updated.

WASHINGTON – The Trump administration appears to be reconsidering how laws related to government shutdowns were interpreted during its first term.

According to notes from the Office of Management and Budget, changes in interpretation were reported by Axios and confirmed by White House officials. These changes have implications for the ongoing funding lapse that began on October 1.

At a press conference in the Oval Office, President Donald Trump didn’t provide a clear stance on the law.

“I think it depends on who we’re talking about,” Trump stated. “The Democrats put a lot of people at great risk, but it ultimately depends on the individual. We’re going to take care of our people.”

He also mentioned potential layoffs for federal employees in the coming days, suggesting that if the closure persists, it could lead to cancellation of congressional funding.

“If this continues, we can tell you in four or five days,” Trump warned. “Many of those jobs may very well be lost forever.”

Disagreement arose over this reinterpretation. The Human Resources Administration had previously stated that employees furloughed during a lapse would receive retroactive pay once the shutdown ended.

In a notable legislative move during Trump’s first term, Congress enacted the Government Employee Fair Treatment Act, ensuring that federal employees receive both exemptions and refunds. Trump signed this law into effect.

Before this, Congress generally reassured employees about their refunds following each funding lapse.

According to Congressional Budget projections, around 750,000 federal workers could be affected by the current shutdown.

A Democrat from Capitol Hill criticized the memo, suggesting it was another instance of Trump trying to evade legal responsibilities.

“The letters of law are as clear as possible. Workers, especially those impacted, are entitled to backpay after a closure,” said the Democratic senator from Washington. “This is just another attempt to intimidate workers by a government run by deceitful individuals.”

“That should increase the urgency.”

Speaker of the House Mike Johnson, during a morning press conference, commented on the memo and seemed unconcerned by the changes.

“I know there’s a lot of debate, but some legal analysts believe this isn’t appropriate for the government,” Johnson noted. “If that’s true, it should push Democrats to act responsibly.”

Johnson expressed hope that federal workers would receive backpay, emphasizing that he and Trump discussed this matter personally.

“The president is concerned about ensuring people aren’t left without their pay,” Johnson remarked, urging Chuck Schumer to help keep the government operational. “We don’t want this shutdown.”

Johnson expressed doubt that Trump would support the memo contradicted by the 2019 law, pointing to official communications suggesting federal employees might have to work without pay.

Democrats seek discussions regarding the shutdown

Senate Minority Leader Chuck Schumer expressed concerns that Johnson was blocking progress but didn’t address potential refunds directly.

“To end this shutdown, we need Donald Trump to intervene and for Johnson to take action as chairman,” Schumer said.

House Democratic Leader Hakeem Jeffries defined the White House’s interpretation as incorrect, asserting that the law mandates backpay for workers.

“The law is explicit. All employees are entitled to repayment,” Jeffries declared. “We will ensure compliance with the law.”

Everett Kelly, president of the United States Federation of Government Employees, criticized the argument against backpay as misinterpreting the law.

“This also contradicts the Trump administration’s own prior statements, which affirmed that furloughed workers would receive retroactive pay after the shutdown ends.”