March 13, 2025 Story by: Editor
A federal judge has permitted President Donald Trump to proceed with his takeover of a federally funded foundation that provides aid to Africa. However, he cautioned the Trump administration on Tuesday against using this temporary win as a means to dismantle the agency.
U.S. District Judge Richard Leon denied a request for a temporary restraining order sought by U.S. African Development Foundation (USADF) President Ward Brehm, who aimed to keep his position and prevent State Department official Pete Marocco from assuming control. Leon’s ruling came after a brief stay he imposed last week, which had allowed Brehm to remain in charge for a short period.
Leon, who was appointed by President George W. Bush, ruled that Brehm was not entitled to emergency relief, as there was no evidence he would suffer irreparable harm if removed from office.
“Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Leon wrote in his decision.
However, the judge suggested that the administration’s legal victory might not be permanent, pointing out that there is a significant legal question regarding whether Trump overstepped his authority in temporarily appointing Marocco.
The court also raised concerns about the broad executive power claim asserted by the Trump administration, which argued that the president has the constitutional authority to fill vacant positions on a temporary basis, even if existing laws suggest otherwise.
“The court has not found — and the government has not identified — any other statute that provides President Trump with the authority to appoint Marocco as the acting Chairman of the board,” Leon stated in his 10-page ruling.
During a hearing earlier in the day, a Justice Department attorney contended that the Constitution grants Trump the ability to make temporary appointments for a “reasonable” duration.
“It comes from his inherent authority under Article II … to make sure the laws are faithfully executed,” argued Deputy Associate Attorney General Abhishek Kambli.
Brehm’s lawsuit, filed last week, also raised a procedural issue, claiming that four members of the foundation’s board were never officially dismissed because White House aides had sent termination notices to incorrect email addresses—addresses the board members claim they do not use.
While Leon did not rule on whether these allegedly faulty notices meant the board members remained in their roles, he pointed out that the Trump administration had not provided evidence to refute Brehm’s claims.
“The Government has not provided the Court with an authenticating declaration, genuine printouts of the emails, nor any sort of attestation or proof that the emails did not bounce back,” Leon wrote, noting that one board member’s name had been misspelled in the email address.
On February 19, Trump issued an executive order listing USADF among several agencies he deemed “unnecessary” and slated for elimination “to the maximum extent consistent with applicable law.”
During Tuesday’s hearing, Brehm’s attorney, Joel McElvain, accused officials from Elon Musk’s Department of Government Efficiency of entering the foundation’s offices under false pretenses, warning that their actions could severely disrupt operations.
“There will be no agency … to return to,” McElvain stated. “They will destroy the records. They will destroy the database.”
However, Leon expressed skepticism, saying Brehm’s legal team had no concrete proof that USADF faced the same fate as the U.S. Agency for International Development, which had been largely dismantled and absorbed into the State Department, largely under Marocco’s direction.
“As far as I can tell … this is speculation,” Leon remarked during the hearing.
The judge said he was willing to accept the government’s assurance that the Trump administration does not intend to shut down the foundation and its programs entirely. He also warned that he would summon members of the Department of Government Efficiency to testify under oath if necessary.
“This shuttering concern that plaintiff has, I share that concern,” Leon stated.
Source: Yahoo News
