A federal judge has maintained Elon Musk’s Department of Government Efficiency (DOGE) in charge of the U.S. Institute of Peace (USIP), while voicing concerns over the way the takeover was conducted. On Wednesday, U.S. District Judge Beryl Howell expressed her disapproval of DOGE staff’s methods, which involved using threats and law enforcement to access the USIP headquarters and expel George Moose, the institute’s president.
Despite these reservations, Judge Howell refrained from reinstating the former board members who initiated the lawsuit on Tuesday. She also decided not to prohibit DOGE employees from accessing USIP’s headquarters, which they had entered on Monday with assistance from police forces.
Last month, former President Trump issued an executive order aimed at closing USIP and three other similar entities to fulfill promises to reduce the federal government’s size. In response, the institute and several board members filed a lawsuit against the Trump administration, seeking to prevent their dismissal and the DOGE takeover.
Established in 1984, the USIP is a think tank dedicated to conflict prevention and resolution. Its board members are appointed by the president and require Senate confirmation. The lawsuit represents another challenge to the Trump administration’s broader efforts to downsize U.S. foreign aid agencies and tighten control over congressional entities.
John Sullivan, a key figure in the lawsuit, is a former U.S. Ambassador to Russia who was appointed during Trump’s first term and subsequently retained by President Joe Biden before joining the USIP board at Biden’s request. The lawsuit accuses the White House of improperly terminating board members via email and states that the remaining board members—including Defense Secretary Pete Hegseth and Secretary of State Marco Rubio—removed Moose and appointed Kenneth Jackson from the U.S. Agency for International Development as his successor.
In defense, the government questioned the institute’s authority to sue and highlighted other recent court decisions regarding presidential power to dismiss leaders of independent agencies. DOGE staff attempted several times to enter the USIP building on Monday and eventually succeeded with police aid.
According to the lawsuit, USIP staff initially called the police around 3 p.m. to report a trespassing attempt. However, a statement from the Metropolitan Police Department indicated that the acting president of USIP, presumably Jackson, reported being denied access and identified “unauthorized individuals” in the facility later that afternoon. Police later confirmed that the individuals complied with the acting president’s request and left without further issues.
The USIP lawyer repeatedly informed DOGE representatives that the executive branch has no jurisdiction over the nonprofit organization. A White House representative, Anna Kelly, defended the administration’s actions, stressing the importance of executive authority to ensure agencies’ accountability.
Prominent Democrats, including Rep. Gregory Meeks of New York and Sen. Jeanne Shaheen of New Hampshire, described the institute’s takeover as a further indication of Trump’s and Musk’s strategy to dismantle American institutions systematically.
Executive leaders from other agencies targeted by Trump’s order—the Inter-American Foundation and the U.S. African Development Foundation—have also pursued legal action to prevent or delay the dismissal of most of their workforce and the cancellation of numerous contracts. A federal judge recently permitted the removal of most contracts and staff from the U.S.-Africa agency, which has backed African small businesses financially, while simultaneously requiring the government to detail steps for maintaining minimal functional presence as mandated by law.