WASHINGTON – A federal judge on Friday denied the Trump administration’s request that she stay her May 19 ruling that returned control of the U.S. Institute of Peace back to its acting president and board.
In a seven-page ruling, U.S. District Court Judge Beryl A. Howell said the government did not meet any of the four requirements for a stay, including a “strong showing” of whether its request could succeed on the merits.
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Howell reiterated her finding that the Institute is not part of the executive branch and is therefore beyond President Donald Trump’s authority to fire its board. She added that the firings also did not follow the law for how a board member of the Institute might be removed by the president.
Most of the board was fired in March during a takeover of the Institute by the Department of Government Efficiency. That action touched off the firing of its acting president, former ambassador George Moose, and subsequently most of the staff. The organization's headquarters, funded in part by donors, was turned over to the General Services Administration.
In her ruling May 19, Howell concluded that the board was fired illegally and all actions that followed that were therefore “null and void.”
In Friday's ruling Howell also rejected the government’s argument that the organization had to fall into one of the three branches of government and since it does not legislate, nor is it part of the judicial branch, it must be part of the executive branch. “As the Court has previously pointed out, other entities also fall outside of this tripartite structure,” she wrote.
Howell also said that the government did not “describe any cognizable harm they will experience without a stay, let alone an irreparable one.” However, “as plaintiffs explain, every day that goes by without the relief this Court ordered, the job of putting (USIP) back together by rehiring employees and stemming the dissipation of USIP’s goodwill and reputation for independence will become that much harder.”
Moose reentered the headquarters Wednesday without incident along with the organization's outside counsel, George Foote.
The White House was not immediately available for comment. In requesting the stay the government also requested a two-business-day stay to allow for an appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Howell denied that request.