{"id":25358,"date":"2025-06-11T01:29:00","date_gmt":"2025-06-11T01:29:00","guid":{"rendered":"https:\/\/www.brethren.org\/news\/?p=25358"},"modified":"2025-06-13T21:31:32","modified_gmt":"2025-06-13T21:31:32","slug":"judge-finds-in-favor-of-usip","status":"publish","type":"post","link":"https:\/\/www.brethren.org\/news\/2025\/judge-finds-in-favor-of-usip\/","title":{"rendered":"Judge finds in favor of US Institute of Peace, USIP retakes control of its headquarters"},"content":{"rendered":"\n

By Marcia Sowles<\/em><\/p>\n\n\n\n

As reported in the Brethren bits section of Newsline on March 21 (see www.brethren.org\/news\/2025\/brethren-bits-68<\/a>), 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\u2019s headquarters on March 17.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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\u2019 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\u2019s important work and its unique structure.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

In her decision, Judge Howell found that USIP was \u201cunique in structure and function.\u201d She concluded that \u201cdespite 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\u201d at issue. However, she found that USIP \u201cdoes 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.\u201d<\/p>\n\n\n\n

As she explained, although the President appoints its board members, \u201cUSIP\u2019s educational, scholarly, and research activities are not executive in nature\u2026nor in exclusive furtherance of Executive branch priorities, given that USIP independently selects all projects undertaken based on its own priorities\u2014with no obligation to accept requests from either congressional or executive groups.\u201d Moreover, \u201cWhen USIP engages with foreign entities abroad, USIP does so as an independent body, not on behalf of the U.S. government.\u201d Thus, as she noted, \u201c[a]t most, USIP is an external partner to, rather than an arm of, the Executive branch.\u201d<\/p>\n\n\n\n

In addition, as she noted, \u201cAlthough 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\u2026. 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.\u201d<\/p>\n\n\n\n

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\u2019s for-cause and other removal protections were valid, and the President acted ultra vires, violating those provisions.<\/p>\n\n\n\n

Judge Howell concluded her opinion with the following statement: \u201cThe President\u2019s 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.\u201d<\/p>\n\n\n\n

Defendants have appealed the decision to the US Court of Appeals.<\/p>\n\n\n\n

— Marcia Sowles is an attorney and a volunteer at the Church of the Brethren\u2019s Office of Peacebuilding and Policy in Washington, D.C.<\/em><\/p>\n\n\n\n

#MissionAndMinistryBoard #StrategicPlan #RacialJustice #LoveOurNeighbors #Discipleship #NewTestamentGiving<\/p>\n\n\n\n

———-<\/p>\n\n\n\n

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