Dear Friends,
I wanted to update you on developments regarding the situation at USIP.
As most will know, on Monday, March 24, the Institute’s attorneys at Zuckerman Spaeder filed an amended complaint with Judge Howell’s office (attached). The Judge has established an expedited process that requires representatives for both the plaintiffs and the defendants to have their final arguments on her desk by April 28, which means that a ruling could come as early as May 1.
As I have a said repeatedly in meetings and correspondence with colleagues and friends, ours may well be THE most consequential case currently before the courts. That is because the Administration's attempt to takeover USIP marks the farthest it has sought to extend its reach. All of the other organizations over which the White House has sought to exert presidential authority have characteristics that arguably define them as executive branch agencies or entities. That includes not only the African Development Foundation and the Inter-American Foundation, which were named in the same EO that targeted us, both also the NLRB, the FTC and the CFPB. The latter have rule-making or regulatory authorities that proponents of the unitary executive theory would contend are executive branch/presidential functions. USIP has none of those features.
Moreover, our independent status is clearly defined in our statute. More specifically for the purposes of our case, the USIP Act clearly and explicitly defines the circumstances under which members of our Board can be removed -- none of which were honored in the putative dismissals of Board members that occurred on March 14.
That means that if the Administration prevails in this case, THERE IS NO PRESIDENTIALLY APPOINTED OFFICIAL THAT THE PRESIDENT COULD NOT REMOVE. That includes the chair and other members of the Federal Reserve – or even Federal judges. That is the implication of the argument made by unitary executive advocates that the President can, at will and without reason or pretext, remove any official he has appointed, notwithstanding any other provision in law.
When our saga began, I naively thought that the reason DOGE, OMB and the White House were coming after us was because they simply didn't understand our unique character. It was only last Monday that I came to the realization that the reason they were targeting us was precisely because they understood us, and what their successful takeover of the Institute would mean. They understand that if they succeed in winning our case, the result will be a substantial -- I would say vast -- expansion of presidential authority. The ambitiousness of the goal also explains the audaciousness of the means that were employed.
For those who may have missed them, below are links to three relevant news items.
With gratitude for your continuing support and encouragement.
George (Moose)
The NY Times article of March 25
Showdown at the Institute of Peace
David Graham in The Atlantic