WASHINGTON (AP) — A small US federal agency investing in small and medium-sized African businesses went to court on Tuesday to fight to control its operations and existence.
Last week, the US African Development Foundation tried to protect its staff from Elon Musk. Government Efficiency Bureau from Entering an office in Washington. Doge staff managed to get in after returning with their ex-s in the US.
USADF President Ward Brehm sued the Trump administration last week, saying attempted takeovers were illegal and neither President Donald Trump nor Dozi have the power to shut down the operation or replace the board members with the president.
A lawyer for Brehem told District Judge Richard J. Leon that the administration dismissed the law when he rushed to remove Brem and other board members. Justice Department lawyers argued that he has the power to unilaterally assign a representative chair of the board, provided that Trump is nominated to the Senate.
Leon told his lawyer he was leaning towards denying Blehem's demand for temporary restraining orders.
Last month's Trump Presidential Order To fulfill its campaign promise to reduce the size of the federal government, it targeted the USADF and three other agencies for the closure. The independent body was created by Congress in 1980 and is controlled by board members, which must be confirmed by US senators.
The main question in the case is whether the Trump administration has legal authority to remove independent board members. The president is restricted from firing these members without reason thanks to a nearly 90-year Supreme Court decision known as Humphrey's enforcer, who was a backstop for court defenders against the Trump administration's shootings. A more recent Supreme Court decision will increase the president's ability to remove, and legal experts say the conservative majority of the High Court may tend to overturn that precedent.
In an application Monday, government lawyers alleged that the Trump administration had removed USADF board members in an email from the White House last month. The USDAF challenged the account, saying that one board member, Brehm, had received the deletion email.
The remaining board members served as president of Brehm on March 3rd. The former USADF president resigned before the agency was targeted for exclusion.
Lawyer of The Trump administration debated The USADF board of directors “did you do everything possible to avoid complying with the President's clear directives” and “the President must be able to designate representatives to fulfill his obligation to enforce the law.”
Congress allocated $46 million to the USADF in 2023, investing in relatively small agricultural and energy infrastructure projects among other economic development initiatives in 22 African countries. The agency employs approximately 50 people.
In the court application, USADF explained that DOGE staff would require access to the system, and staff refused to cite privacy and security requirements. They also said Doge sent an email to USADF staff last month to announce that Pete Marocco, the assistant administrator of USAID, who oversaw its demolition, will chair the USADF board of directors.
Some of the same Doge staff as Marrocco managed to close the Inter-American Foundation, another independent institution. On February 28, White House officials told IAF staff that Marrocco would serve as chairman of the Congressional board, according to a letter sent to Congress by Eddie Ariola.
On the same day, I held the maroc Emergency Committee Meeting This is because outside the IAF office, he was unable to enter the building. In a memo he said that he was in the federal register. I designated myself as acting CEO The IAF president appears to be firing the sitting president.
Since then, IAF grants and contracts have been cancelled, with most of its 37 staff members being fired. In 2024, the IAF oversaw nearly $350 million in investments in Latin America and the Caribbean.
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