Judge Allows Trump to Dismiss Head of One of the Smallest U.S. Agencies
A federal judge Tuesday rejected a request to block the Trump administration from firing the head of the U.S. African Development Foundation (USADF), one of the smallest agencies in the federal government.
However, U.S. District Judge Richard Leon, a George W. Bush appointee, said the Trump administration risks violating federal law and the Constitution if it attempts to install a State Department official to lead USADF.
Over the last two weeks, the Trump administration, primarily through Elon Musk’s Department of Government Efficiency (DOGE), has attempted to shut down USADF, a 44-year-old agency created by Congress to support African-led initiatives meant to alleviate economic and social problems, like food insecurity, across the continent.
The administration moved to fire its board of directors, all of whom were previously nominated by previous presidents and confirmed by the Senate. It also tried to fire Ward Brehm, the president of USADF’s board of directors, even though the USADF president is selected by the board of directors.
In Brehm’s place, the Trump administration has attempted to install Pete Marocco — who has been charged with dismantling U.S. foreign aid — as the USADF’s sole board member without the Senate’s consent.
Brehm, who is being represented by Democracy Forward*, filed a lawsuit against President Donald Trump, DOGE and other officials last week, alleging that its attempt to remove him and install Marocco violated federal law and the Appointments Clause.
Judge Leon said he denied the temporary restraining order request because Brehm failed to show how his dismissal would cause him irreparable damage. Leon said Brehm’s argument that his dismissal would cause irreparable damage to USADF and its partners didn’t merit a restraining order.
However, Leon noted that Trump likely lacks the ability to install Marocco. “The Court has not found — nor has the government identified — any other statute that provides President Trump with the authority to appoint Marocco as the Acting Chairman of the Board.”
The judge added that the administration’s argument that Article II of the Constitution allows Trump to install Marocco “ignores Congress’s amendments to the statutes authorizing the President to fill vacancies and longstanding Supreme Court precedent.”
In court filings, Brehm said this week that at least four of USADF’s board members never received their purported termination notices because Trump officials sent the notices to “wrong or nonexistent email addresses.”
In one instance, Trump officials sent board member John Agwunobi’s termination notice to an email that both misspelled his name and used a domain name not associated with USADF.
“A person may not be removed from a federal office in secret; instead, removal must actually be communicated to the officer,” Brehm’s filing reads.
*Democracy Docket Founder Marc Elias is the chair of Democracy Forward’s board.