Senate, Courts Test Trump’s Use of Executive Power

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ByMiles Harrington

October 12, 2026

A bipartisan Senate challenge to Russian diesel imports and a court order halting DHS advertising put statutory limits and congressional spending authority at the center of Washington’s week.

Two disputes are putting the boundaries of presidential power before Congress and the courts: President Donald Trump’s agreement to accept Russian diesel, and a Department of Homeland Security advertising campaign a federal judge has temporarily stopped.

Seven senators—Republicans Susan Collins, Lisa Murkowski, Thom Tillis and John Curtis, along with Democrats Jeanne Shaheen, Richard Blumenthal and Ron Wyden—called on Trump to reverse the diesel decision. They say it conflicts with a 2022 law banning Russian energy imports until Russia ends its aggression against Ukraine and stops threatening NATO allies.

Trump announced that Russia, under an agreement with President Vladimir Putin, would supply more than 300,000 tons of diesel immediately, followed by 500,000 tons in November and one million tons thereafter. Treasury Secretary Scott Bessent said the administration would use “all the legal authorities we have” to implement the deal, arguing it would lower prices.

The senators say the administration neither consulted Congress nor submitted the statutory explanation they say the law requires. Their objection is not just that the policy benefits Moscow; it is that the executive branch may be bypassing conditions Congress placed on Russian energy imports. Tillis said the arrangement “may be illegal.” Senate Republican John Barrasso defended it as a way to reduce costs for consumers, farmers, ranchers and truckers.

The dispute raises a question beyond immediate fuel supply: can the administration rely on other legal authorities to proceed despite a statute’s restrictions, and who decides whether those authorities are sufficient? The issue comes as Trump seeks to lower fuel prices ahead of the November 3 midterm elections. The available reporting does not establish how the administration will reconcile the deal with the law or whether Congress will take further action.

A separate spending dispute reached a New York courtroom. Judge Jennifer L. Rochon issued a temporary restraining order requiring DHS to cancel the remaining portion of a $20 million advertising buy and barring the administration from restarting the campaign. The 14-day order also blocks new, renewed or expanded agreements for the challenged advertisements. Contracting records cited by CBS News show DHS awarded the campaign to LMD Agency, with work beginning September 20.

The lawsuit was brought by a coalition that includes Common Cause. Plaintiffs argued the ads promoted Trump and his immigration policies rather than serving a lawful public-information purpose. Senate Majority Leader John Thune said taxpayer money should not fund them. The order is temporary, not a final ruling on the merits, but it stops scheduled broadcasts while the case proceeds.

The money came from a $175 million congressional package for immigration enforcement. The central question is whether the executive branch used funds Congress approved for enforcement to finance political promotion. That issue is distinct from broader disputes over whether the administration must spend money Congress has appropriated.

California and six other states have separately sued Trump and Office of Management and Budget Director Russell Vought, arguing that the administration’s refusal to spend appropriated funds violates separation-of-powers and constitutional rules governing appropriations and presentment. In another case, a judge temporarily delayed the expiration of $56 million for housing-support services. That limited order does not resolve the broader dispute.

Together, the cases present opposing claims about executive power: that the White House cannot evade statutory restrictions on imports, and that it cannot disregard Congress’s direction over public money. Courts have imposed temporary limits in the advertising and housing matters, but have not settled the larger questions of presidential discretion or how Congress can enforce the laws and spending decisions it enacts.

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