Democracy Forward Will Continue to Pursue Protections for USADF Personnel and Mission
Washington, DC — Last night, the U.S. District Court of the District of Columbia ordered the Trump administration to account for its assault on the United States African Development Foundation (USADF). In a lawsuit filed by Democracy Forward, USADF President Ward Brehm alleges that after DOGE unsuccessfully tried to shutter the agency, President Trump illegally attempted to take over the agency by installing a sole board member without the required advice and consent of the Senate. The lawsuit cites violations of the Appointments Clause of the U.S. Constitution, the Federal Vacancies Reform Act, and the African Development Foundation Act. The suit comes after DOGE employees tried to unlawfully access USADF on March 5 with the intent to shut the agency down, and gained access on March 6.
Yesterday, the court denied the motion for a temporary restraining order due to what it found to be a lack of irreparable harm; however, the court expressed concern that the administration’s actions violate the Constitution and ordered further briefing on the matter. The next step in the case will be a motion and hearing for a preliminary injunction.
In a significant first, the court directed the government to be prepared to provide testimony, under oath, from three named representatives of Elon Musk’s so-called “Department of Government Efficiency” (DOGE) to explain their activities.
See coverage below:
The judge raised doubts about an expansive executive power claim the Trump administration leveled in response to the suit: Trump has the authority under the Constitution to name people to vacant positions on a temporary basis even when a law on the books suggests he cannot.
“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 wrote in his 10-page ruling.
USADF last week tried to keep staff from Elon Musk’s Department of Government Efficiency from entering their offices in Washington. DOGE staff managed to gain entry after returning with U.S. Marshals.
Leon ordered the government to prepare those DOGE staff to explain to the court what steps they had taken to maintain the agency at “the minimum presence and function required by law.”
The judge said he would consider additional arguments for a block as the case unfolds.
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