A Washington, D.C., federal judge appointed by former President Barack Obama has issued an opinion against President Donald Trump and the Department of Government Efficiency shutting down the Institute of Peace.
"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," U.S. District Judge Beryl Howell wrote in her opinion Monday.
"Outside of Article II, he has little constitutional authority to act at all. 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."
Howell ruled that the think tank was taken over illegally by DOGE through "blunt force, backed up by law enforcement officers from three separate local and federal agencies."
"The current administration decided to effectuate the President's Executive Order 14217 through blunt force, backed up by law enforcement officers from three separate local and federal agencies," she wrote in the memorandum of opinion. "The administration removed the Institute's leadership, including plaintiff Board members and its president in contravention of statutory limitations, and had personnel from a newly created federal office, called the Department of Government Efficiency ('DOGE'), forcibly take over the Institute's headquarters on March 17, 2025.
"With a newly installed USIP president, the Administration then handed off USIP's property for no consideration and abruptly terminated nearly all of its staff and activities around the world."
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.
Notably, DOGE officials publicly derided the Institute of Peace for hypocrisy and misuse of taxpayer funds.
Not only did Elon Musk and DOGE officials in the interview note the irony of loaded weapons being found in Institute of Peace desk drawers, but they also alleged that there were ties of funds from the institute going to U.S.-designated terrorist groups in the Middle East.
Trump and White House officials have also rebuked the actions of Democrat-appointed judges in issuing sweeping orders and opinions seeking to stall or outright obstruct the administration's agenda.
Material from The Associated Press was used to compile this report.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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