A federal judge on Tuesday blocked President Trump’s appointment of a new head of the U.S. African Development Foundation (USADF), indefinitely halting his directives to massively slash the agency’s workforce and grant funding.
U.S. District Judge Richard Leon found that Trump’s installation of Peter Marocco as USADF’s acting board chair was likely unconstitutional, ruling he needed to face Senate confirmation for it to be valid.
“While defendants argue that the President has inherent Article II power to appoint acting principal officers, there is little hope for defendants that this argument will win the day,” Leon wrote in his 16-page ruling.
“The Court therefore finds that plaintiffs are likely to succeed on the merits of their challenge to the legality of Marocco’s appointment,” continued Leon, an appointee of the younger former President Bush.
The Trump administration has looked to dismantle the USADF and other aid agencies across the federal government, alleging widespread waste and abuse.
Marocco’s appointment came after Trump signed a February executive order calling for the elimination of USADF and several other development agencies. Marocco has played a key role in the administration, formerly overseeing the dismantling of the U.S. Agency for International Development.
Once Trump purported to appoint Marocco as USADF’s acting board chair, Marocco named himself the group’s president. He then began sweeping cuts that included nearly everything except keeping two employees and three active grants, court filings show.
Last week, Marocco publicly posted a list of grants he said the USADF was terminating but didn’t have updated contact information for the recipients.
The judge’s decision on Tuesday sides with Rural Development Innovations, a Zambia-based consulting firm that is dependent on USADF funding. The company sued alongside two former USADF employees, but the judge said the employees weren’t entitled to an injunction because they hadn’t shown irreparable harm.
They were represented by the Democracy Forward Foundation, a left-leaning legal group that has brought a flurry of litigation against the second Trump administration.
“This is a victory for the rule of law and the communities that rely on USADF’s vital work,” Joel McElvain, senior legal adviser at the group, said in a statement. “No president can erase a federal agency, ignore Congress, and upend lives without legal authority. We will continue fighting against these power grabs to protect USADF’s ability to fulfill the mission that Congress gave it to perform.”
It is one of two lawsuits challenging the administration’s takeover of USADF.
Leon previously rejected a similar lawsuit filed by Ward Brehm, who served on USADF’s board and claimed to be the group’s president. Leon determined Brehm wasn’t the right person to sue.
The Hill has reached out to the Justice Department for comment.
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