A federal judge has issued a temporary block against the Trump administration’s efforts to dismantle the U.S. African Development Foundation (USADF), an agency designed to support small businesses in Africa.
In a ruling from the U.S. District Court in Washington, D.C., Judge Richard Leon determined that President Trump violated federal law by appointing Pete Marocco as the head of USADF without congressional confirmation. Consequently, Marocco’s actions, which included the termination of most agency employees and the cessation of grants, were invalidated and must be reversed.
The USADF, established by Congress as an independent entity in 1980, requires its board members to be confirmed by the Senate. For 2023, Congress had earmarked $46 million for the agency to fund projects aimed at boosting agriculture, energy infrastructure, and other economic advancements in 22 African nations.
In February, an executive order from President Trump called for scaling back several independent agencies, including USADF, to minimal operational levels as dictated by law. He dismissed the agency’s board members and appointed Marocco as board chair.
This move prompted legal action from two USADF staffers and a Zambia-based consulting firm collaborating closely with the agency. They filed a lawsuit on May 21 challenging Marocco’s appointment, arguing that the drastic budget cuts compromised the agency’s ability to perform its designated duties.
The plaintiffs requested a preliminary injunction, criticizing Marocco’s “slash-and-burn approach” that threatened to dismantle the agency amid ongoing legal proceedings. They cited the Federal Vacancies Reform Act, which they argued explicitly forbids Marocco’s appointment, and stipulates that actions undertaken by unlawfully appointed individuals must be rescinded.
Joel McElvain, senior legal adviser with Democracy Forward, which represents the plaintiffs, hailed the ruling as a “victory for the rule of law and the communities that depend on USADF’s essential work.” He pledged continued efforts to resist such power consolidations to preserve the agency’s congressional mission.
Conversely, U.S. Attorney Jeanine Pirro contended in court documents that the Federal Vacancies Reform Act doesn’t extend to USADF. She maintained that the president holds the authority to appoint acting board members until the Senate affirms his selections. Additionally, she argued that disputes over the cuts should be adjudicated by the Court of Federal Claims rather than district courts.
In a related decision, the judge affirmed President Trump’s authority to dismiss the former board members of USADF. According to court documents filed by Pirro, the president also retains the power to appoint an individual to lead USADF in alignment with his policy directives, pending Senate confirmation.