Trump says a 'friend' donated $130 million to pay the US military during the shutdown

• Trump said a friend of his gave a $130 million gift to the Pentagon to cover military costs.

• The Pentagon confirmed the donation and said it would be use for servicemembers' salaries and benefits.

• The donation raises questions on if the Pentagon could legally spend the sum without congressional appropriation.

President Donald Trump said an anonymous person donated $130 million to the Pentagon to account for funding shortfalls during the government shutdown.

Trump made the comments on Thursday, saying a friend of his reached out and said he wanted to contribute because he loves the military. The president said the check was received that day, and he would not name the friend, adding that the person did not want the recognition.

"That's what I call a patriot," Trump said.

The Pentagon confirmed the donation in a statement to Business Insider on Friday, saying the Department of War received an anonymous $130 million donation under its "general gift acceptance authority."

"The donation was made on the condition that it be used to offset the cost of Service members' salaries and benefits," Sean Parnell, chief spokesman for the Pentagon, said.

The anonymous donation raises a set of thorny questions on whether it is legal for the Pentagon to keep and spend the donation without the approval of Congress.

According to information from Cornell Law School, an agent or department that receives such a donation from any source must "deposit the money in the Treasury as soon as practicable without deduction for any charge or claim."

The Appropriations Clause in the US Constitution also states that "no Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." That means the Pentagon must give the $130 million to the Treasury, and Congress would need to appropriate the money.

The federal government shut down on October 1 after Congress failed to pass a funding bill, mainly over disagreements on whether to continue subsidies for the Affordable Care Act to keep healthcare insurance premiums down. Military members started receiving paychecks in mid-October after Trump approved the use of leftover funds from the current fiscal year.

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