Judge finds in favor of US Institute of Peace, USIP retakes control of its headquarters

By Marcia Sowles

As reported in the Brethren bits section of Newsline on March 21 (see www.brethren.org/news/2025/brethren-bits-68), President Trump sought to dismantle the US Institute of Peace (USIP) by removing its leadership and having personnel from a newly created federal office, called the Department of Government Efficiency (DOGE), forcibly take over the institute’s headquarters on March 17.

With a newly installed USIP president, the administration then abruptly terminated nearly all its staff and activities around the world and handed off the USIP property for sale.

The fired USIP board members filed a lawsuit in the US District Court for the District of Columbia challenging these actions. After Judge Beryl A. Howell denied plaintiffs’ motion for a preliminary injunction, the parties proceeded to file cross-motions for summary judgment. This provided plaintiffs with the opportunity to submit detailed declaration describing USIP’s important work and its unique structure.

On May 19, Judge Howell issued a decision holding that the actions taken to dismantle USIP were unlawful. Based on that decision, USIP retook control of its headquarters two days later. Shortly thereafter, it restored its website and is working to restore full access to its online analytical and training resources. Its free online courses are currently available.

In her decision, Judge Howell found that USIP was “unique in structure and function.” She concluded that “despite exhibiting qualities of nongovernmental organizations (NGOs), USIP has strong governmental ties and must be considered a part of the federal government, at least for purposes of resolving the constitutional separation-of-powers questions” at issue. However, she found that USIP “does not exercise governmental, let alone executive, power under the Constitution and is not part of the Executive branch. Instead, USIP supports both the Executive and Legislative branches as an independent think tank that carries out its own international peace research, education and training, and information services.”

As she explained, although the President appoints its board members, “USIP’s educational, scholarly, and research activities are not executive in nature…nor in exclusive furtherance of Executive branch priorities, given that USIP independently selects all projects undertaken based on its own priorities—with no obligation to accept requests from either congressional or executive groups.” Moreover, “When USIP engages with foreign entities abroad, USIP does so as an independent body, not on behalf of the U.S. government.” Thus, as she noted, “[a]t most, USIP is an external partner to, rather than an arm of, the Executive branch.”

In addition, as she noted, “Although USIP receives annual appropriations from Congress to carry out its mission, it may also obtain funds through private donations and governmental grants, as well as by charging fees and subscriptions for its publications and educational activities…. Moreover, unlike Executive branch agencies, USIP may seek appropriations directly from Congress, relegating the Office of Management and Budget (OMB) to submitting comments on the budget request at the time of transmittal.”

Judge Howell found that because USIP does not exercise executive powers and is not part of the Executive branch, the President had no constitutional authority under Article II to remove the USIP board members. Consequently, the USIP Act’s for-cause and other removal protections were valid, and the President acted ultra vires, violating those provisions.

Judge Howell concluded her opinion with the following statement: “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.”

Defendants have appealed the decision to the US Court of Appeals.

— Marcia Sowles is an attorney and a volunteer at the Church of the Brethren’s Office of Peacebuilding and Policy in Washington, D.C.

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