Rep. Jim Himes (D-Conn.) said Sunday it is “probably not” legal for President Trump to repurpose Defense Department funding in order to pay members of the military during the shutdown.

“Well, probably not. Again, we just had a little conversation about the White House’s understanding of United States law, which is pretty tentative to say the best,” Hines said during an interview Sunday on CBS’s “Face the Nation.”

“I think to pay the military during a shutdown would require legislation; the Speaker of the House has taken that off the table. So, I mean, is Donald Trump going to say a bunch of stuff? Yes, he’s going to say a bunch of stuff. But I don’t see anything moving.”

The shutdown began Oct. 1, and members of the military are set to miss their first check on Wednesday. Trump on Saturday directed Hegseth to reallocate funds to ensure members of the military are paid.

“I am using my authority, as Commander in Chief, to direct our Secretary of War, Pete Hegseth, to use all available funds to get our troops paid on October 15th. We have identified funds to do this, and Secretary Hegseth will use them to pay our troops. I will not allow the Democrats to hold our Military, and the entire Security of our Nation hostage with their dangerous government shutdown,” he said on Truth Social.

A Defense Department official told The Hill on Saturday that the department identified “approximately $8 billion of unobligated research development testing and evaluation funds (RDTE) from the prior fiscal year that will be used to issue mid-month paychecks to service members in the event the funding lapse continues past Oct. 15.”

It’s unclear if those in the U.S. Coast Guard are eligible for pay. The Coast Guard is a branch of the U.S. Armed Forces, but during peacetime it’s overseen by the Department of Homeland Security. 

Speaker Mike Johnson (R-La.) said he would not hold a vote on stand-alone legislation to pay the military, arguing Democrats should vote on the bill already passed by the House that would fund the government and pay the military.

Democrats have repeatedly rejected that bill in the Senate. They are calling on Republicans to extend enhanced subsidies under the Affordable Care Act that are set to expire at the end of the year. Without the extension, many will see their health care costs jump.