The Constitution makes clear that the President's constitutional authority only extends as far as Article II, but even Article Il does not grant him absolute removal authority over his subordinates, under current binding caselaw precedent. Outside of Article II, he has little constitutional authority to act at all. The President's efforts here to take over an organization outside of those bounds, contrary to statute established by Congress and by acts of force and threat using local and federal law enforcement officers, represented a gross usurpation of power and a way of conducting government affairs that unnecessarily traumatized the committed leadership and employees of USIP, who deserved better.
DECLARED that plaintiff Board members who were purportedly terminated remain members of the USIP Board & may be removed by the President only pursuant to the terms of 22 USC §4605(f); …the purported removal of Amb. George Moose as acting president of the Institute by a resolution adopted by less than a majority of the duly appointed Board of Directors of USIP was invalid, & therefore null, void, & w/o legal effect; it…the purported appointments of Kenneth Jackson & Nate Cavanaugh to the positions of president of USIP pursuant to resolutions adopted by less than a majority of the duly appointed Board of Directors of USIP were invalid & therefore null, void, & w/o legal effect; …Amb. Moose therefore remains president of USIP & may be removed only by a duly constituted Board of Directors, under 22 USC §4606; …all actions taken or authorized by Jackson or Cavanaugh as acting presidents of USIP were invalid & therefore null, void, & w/o legal effect; …given the illegitimate appointment of Cavanaugh to the position as USIP president, the actions & documents by which he purportedly transferred USIP's headquarters…to the GSA were invalid & therefore null, void, & w/o legal effect; …the transfer of USIP's other financial or physical assets to the GSA was likewise invalid, null void, & w/o legal effect; it is further
DECLARED that the resolution adopted by 2 ex officio Directors of USIP's Board purportedly appointing Adam Amar as president of the Endowment of the USIP Fund & authorizing & instructing him to transfer any & all of the Endowment's assets to USIP was invalid, null, void, & w/o any legal effect; …plaintiff Board members duly appointed under 22 USC §2605(b)(4) shall continue to serve in accordance w/ §4605(e) & may not be removed or treated in any way as having been removed, or otherwise obstructed from carrying out their duties…; …USIP Acting President Amb. Moose shall continue to serve in accordance w/ §4606(a) & may not be removed or treated in any way as having been removed, or otherwise obstructed from carrying out his duties…; …defendants, except for the ex officio members of USIP's Board of Directors to the extent their official positions allow, are ENJOINED from further trespass against the real & personal property belonging to the Institute & its employees, contractors, agents, & other representatives; …[&] are ENJOINED from maintaining, retaining, gaining, or exercising any access or control over the Institute's offices, facilities, computer systems, or any other records, files, or resources, & from acting or purporting to act in the name of Institute, & from using the Institute's name, emblem, badge, seal & any other mark of recognition of the Institute; it is further
ORDERED that the defendants who are ex officio members of USIP's Board of Directors may not act unilaterally or in any combination of the three of them together, without additional consent constituting a majority of members of the duly constituted USIP Board of Directors, to transfer any of USIP's assets; and it is further ORDERED that the Clerk of the Court is directed to close this case. SO ORDERED. Date: May 19, 2025 This is a final and appealable order. BERYL A. HOWELL
Judge #BerylHowell rules that #Trump / #DOGE's *entire takeover* of the U.S. Institute of Peace #USIP was unlawful—including the removal of board members & termination of programs.
Her order is very long—she not only reinstates the true board members but also boots […]
[Original post on masto.ai]