The plaintiffs in the lawsuit, filed by the organization’s former board members and president, had maintained that the Institute of Peace was established by law as an independent, nonprofit organization. The plaintiffs also argue that the firing of the board members did not meet any of the steps required by the law that created the organization.
The moves also did not go before any of the four congressional committees that have oversight of the institute.
In her ruling, Howell cited the uniqueness of the organization, saying the president “second-guessed” the judgment of Congress and President Ronald Reagan in creating the institute 40 years ago, and the judgment of every Congress since.
In an email, White House spokeswoman Anna Kelly said “the United States Institute of Peace has existed for 40 years on a $50 million annual budget, but failed to deliver peace. President Trump is right to reduce failed, useless entities like USIP to their statutory minimum, and this rogue judge’s attempt to impede on the separation of powers will not be the last say on the matter.”
The administration has 30 days to file a notice of appeal.
Trump issued the executive order in February that targeted the institute and three other agencies for closure in an effort to deliver on campaign promises to shrink the size of the federal government. The first attempt by DOGE to take over the headquarters led to a standoff. Members of Musk's DOGE group returned days later with the FBI and District of Columbia Metropolitan Police to help them gain entry.
The institute and many of its board members sued the Trump administration March 18, seeking to prevent their removal and to prevent DOGE from taking over its operations. The firing of the board was followed by a Friday night mass firing by email on March 28, which threw the workforce into turmoil.
At the same time, DOGE transferred the administrative oversight of the organization’s headquarters and assets to the General Services Administration that weekend. Since then, employees were allowed to retrieve personal items but computers, office tools and supplies and furniture were left behind.
In reaching her opinion Howell concluded that the institute “ultimately exercises no Executive branch power under the Constitution but operates, through research, educational teaching, and scholarship, in the sensitive area of global peace. In creating this organization, Congress struck a careful balance between political accountability, on the one hand, and partisan independence and stability, on the other.”
As such, “the Constitution makes clear that the President’s constitutional authority only extends as far as Article II, but even Article II does not grant him absolute removal authority over his subordinates, under current binding caselaw precedent.”
Howell said that because the removal of the board by the administration was illegal, all subsequent actions are null and void, including the firing of the staff and the transfer of the headquarters to the General Services Administration.
The idea in creating the institute was for an organization that would operate outside normal channels to work to promote peace and prevent and end conflicts. At the time it was shuttered, the institute operated in more than two dozen conflict zones, including Pakistan and Afghanistan.
Howell had denied two requests by the plaintiffs for restraining orders — one to halt the firing of the board and another to stop the administration from taking over the institute's headquarters.
That ruling came after she held a status hearing and learned that DOGE-installed leadership had already initiated and completed the transfer of the headquarters before the plaintiffs could even get to court. Howell equated the quick action to a bull in a China shop.
USIP's acting president and CEO, George Moose, said in a briefing that the actions against the institute have had a traumatic impact on the staff and people around the world who have worked with the institute. “I don’t think there’s any question that this has caused harm and damage, some of which in fact will be irreparable,” the former U.S. ambassador said.
Moose said how quickly the staff can try to resume its work and repair the damage depends on how the administration responds.
“We have an understanding that we once we return to the building, the challenge of restarting and recovering and rebuilding is in fact, going to take time,” he said. “We anticipate that we're going to have to do this in phases starting out modestly” with what resources are available.
As word of the court action spread an impromptu group of about two dozens employees gathered in front of the headquarters and cheered as parts of Howell’s ruling were read aloud. All understood it was only the first step in what they expect to be a longer court battle before they can return to work.
Tonis Montes, 36, who worked in the institute's Gandhi-King Global Academy said she felt vindicated but “there's a lot to interpret in the ruling. If it were up to us, we'd be in that building, getting to work.”
Nicoletta Barbera, 36, and the acting director of the West Africa and Central Africa programs, said she was ecstatic “but aware this is just step one, but happy that some justice prevailed today.”
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Associated Press writers Michael Kunzelman and Thalia Beaty contributed to this story.
Credit: AP
Credit: AP
Credit: AP
Credit: AP