A federal judge has permitted Elon Musk’s Department of Government Efficiency (DOGE) to maintain control over the U.S. Institute of Peace (USIP), an independent nonprofit established by Congress, while expressing serious concerns about the department’s conduct. U.S. District Judge Beryl Howell criticized DOGE staff for using threats and law enforcement to access USIP’s headquarters and remove its president, George Moose, from the building on Monday.
Despite her concerns, Judge Howell did not restore the former board members, who filed a lawsuit late Tuesday, to their positions. She also declined to bar DOGE staff from the USIP headquarters, where they gained access with police assistance.
The controversy stems from an executive order issued by former President Trump, targeting USIP and three other agencies for closure as part of his campaign promise to reduce the size of the federal government. In response, the USIP and several board members filed a lawsuit against the Trump administration, seeking to prevent their removal and halt DOGE’s takeover of operations.
Established and funded by Congress in 1984, USIP is a think tank focused on conflict prevention and resolution. Its board members are nominated by the president and confirmed by the Senate. Among those suing is former U.S. Ambassador to Russia John Sullivan, who served under both Trump and Biden.
The lawsuit alleges illegal firings via email and claims that remaining board members, including Defense Secretary Pete Hegseth and Secretary of State Marco Rubio, ousted Moose, appointing Kenneth Jackson, an administrator from USAID, in his place.
Government lawyers have raised questions about the control of the institute and whether it has grounds to sue the administration. They referenced recent court rulings regarding presidential power over independent agencies.
On Monday, DOGE staff attempted multiple times to access USIP’s building before succeeding with police help. Initially, USIP staff reported trespassing to the police, but by late afternoon, the acting president—likely referring to Jackson—told officers that unauthorized individuals were inside. Eventually, those individuals left without further incident.
The lawsuit asserts that USIP’s legal counsel informed DOGE representatives that the executive branch lacks authority over the nonprofit. White House spokesperson Anna Kelly stated, “Rogue bureaucrats will not be allowed to hold agencies hostage,” emphasizing the administration’s commitment to enforcing the President’s authority.
Top Democrats on foreign affairs committees, including Rep. Gregory Meeks and Sen. Jeanne Shaheen, condemned the “hostile takeover” of USIP as part of a broader agenda by Trump and Musk to dismantle historic U.S. institutions.
Additionally, the leaders of other agencies mentioned in Trump’s executive order, such as the Inter-American Foundation and the U.S. African Development Foundation, have also sued the administration to contest staff removals and contract cancellations. A recent ruling allowed the removal of contracts and personnel from the U.S.-Africa agency, which had invested significantly in African small businesses, but mandated that DOGE staff prepare to explain how they would maintain the agency’s minimum functions as required by law.
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