The US Agency for International Development (USAID) has been officially shuttered after a federal appeals court Friday determined that the Trump administration could continue dismantling it.
The ruling nullifies a lower court ruling that found that Elon Musk and DOGE were exercising enough independent authority to require Senate confirmation under the Constitution’s Appointments Clause.
“While defendants’ role and actions related to USAID are not conventional, unconventional does not necessarily equal unconstitutional,” wrote US Circuit Judge Marvin Quattlebaum, a Trump appointee. “And none of this is to say that plaintiffs will not be able to develop evidence of unconstitutional conduct as the case progresses. Time will tell,” he continued.
USAID was one of DOGE’s first targets. In addition to finding all sorts of waste, fraud and abuse, America First Legal found last week that USAID was behind an online censorship scheme.
A week before that, a senior USAID official ordered the agency’s remaining staff to report to their now-former headquarters in Washington DC for an “all day” group effort to destroy documents, many of which contain sensitive information.
After DOGE cleaned house, 26 current and former USAID employees sued – arguing that Elon Musk and DOGE have no actual independent authority. Earlier this month, US District Judge Theodore Chuang, an Obama appointee, indefinitely blocked Musk and DOGE personnel from shutting down the agency.
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In response, the 4th Circuit panel unanimously agreed that Chuang’s ruling should be nullified as the administration’s appeal proceeds – though just two of the judges on Friday found that Musk was likely acting constitutionally.
“As to Musk, the evidence before us creates a strong likelihood that he functioned as an advisor to the President, carrying out the President’s policies of shrinking government and reducing spending, not as an Officer who required constitutional appointment,” wrote Quattlebaum, who was joined by US Circuit Judge Paul Niemeyer, a George HW Bush appointee.
US Circuit Judge Roger Gregory said he only voted with his colleagues because the USAID workers sued the wrong defendants – and if they’d sued USAID itself, he would have sided with them.
“We may never know how many lives will be lost or cut short by the Defendants’ decision to abruptly cancel billions of dollars in congressionally appropriated foreign aid,” Gregory wrote. “We may never know the lasting effect of Defendants’ actions on our national aspirations and goals. But those are not the questions before the Court today.”
Rubio Shutters
Meanwhile, the US State Department on Friday announced that it is officially closing down USAID – with the formal last day set to take place before July 1, the NY Post reports.
According to ABC News, ex-DOGE official Jeremy Lewin announced USAID’s shuttering in an internal memo earlier Friday.
“Foreign assistance done right can advance our national interests, protect our borders, and strengthen our partnerships with key allies,” Secretary of State Marco Rubio posted to X. “Unfortunately, USAID strayed from its original mission long ago. As a result, the gains were too few and the costs were too high. Thanks to President [Donald] Trump, this misguided and fiscally irresponsible era is now over.”
According to Rubio, the department is “reorienting” the agency’s foreign assistance programs, and will continue its “essential lifesaving programs.”
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