A federal judge has blocked efforts by the Trump administration to shut down a U.S. agency dedicated to empowering African small businesses, ruling that key actions taken by its unconfirmed leader were unlawful and must be reversed.
In a decision made on Tuesday, U.S. District Judge Richard Leon ruled that President Donald Trump illegally installed Pete Marocco to lead the U.S. African Development Foundation (USADF), bypassing Senate confirmation. As a result, Marocco’s sweeping decisions, including mass firings and the suspension of the agency’s grant programs, were deemed void.
Congress established USADF in 1980 as an independent body tasked with investing in economic development across Africa. With a $46 million budget in 2023, the agency has supported projects in 22 countries, ranging from agriculture to renewable energy. By law, its board must be Senate-confirmed.
RELATED STORIES
READ ALSO: Judge rules Trump acted lawfully in removing African Development Agency board members
The legal challenge emerged after Trump’s February 19 executive order, which sought to strip down multiple U.S. entities, including the USADF, Inter-American Foundation, U.S. Institute of Peace, and Presidio Trust, to what he described as their “minimum legal presence.” As part of that move, Trump ousted USADF’s board and installed Marocco, an action the court now says overstepped legal bounds.
Watch a recent episode of The BreakDown podcast below and subscribe to our channel PanaGenius TV for latest episodes.
On May 21, two USADF employees and a Zambia-based consulting firm that collaborates with the foundation filed suit, accusing the administration of gutting the agency’s core functions through an illegitimate appointment. They requested an emergency injunction, warning that Marocco’s “slash-and-burn approach” would gut USADF before the court could intervene.
“This is a victory for the rule of law and the communities that rely on USADF’s vital work,” said Joel McElvain, senior legal adviser at Democracy Forward in an AP report, which is representing the plaintiffs. “We will continue fighting against these power grabs to protect USADF’s ability to fulfill the mission that Congress gave it to perform.”
The plaintiffs argued that the Federal Vacancies Reform Act (FVRA) bars Marocco’s appointment and requires reversal of any decisions made by improperly appointed officials. The judge agreed.
In response, U.S. Attorney Jeanine Pirro maintained in filings that the FVRA doesn’t govern USADF and that the president is within his rights to appoint acting board members while awaiting Senate confirmation. Pirro also argued that disputes about agency funding should be handled in the Court of Federal Claims, not a district court.
READ ALSO: Obama, Bush and Bono decry USAID shutdown, blame Trump administration
Although Judge Leon upheld Trump’s authority to dismiss USADF’s previous board members in a separate ruling, he drew the line at appointing new leadership without congressional oversight.
