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A federal judge on Wednesday rebuffed the U.S. Institute of Peace’s demand for a restraining order against Elon Musk and the Department of Government Efficiency, saying the agency hadn’t proved it would suffer an irreversible harm right now.
USIP board members accused Mr. Musk and his team of trying to take over and tear down the agency, after the Trump administration booted them from the nonpartisan think tank and installed Kenneth Jackson as acting president.
U.S. District Judge Beryl Howell seemed skeptical of the firings, saying she was “very offended” at the behavior of DOGE. But she signaled that wasn’t enough to issue the temporary restraining order.
She did order an expedited schedule for considering the case more fully, which could still result with her ruling against President Trump and his team.
The White House was pleased with the ruling, saying Thursday that the court had affirmed “the President’s clear authority to appoint and remove board members, ensuring that the U.S. Institute of Peace operates in alignment with executive directives.”
Outside counsel for USIP George Foote said the organization’s legal team is disappointed by the decision, but added that he expected the institute to win on the merits further down the line.
“Very disappointing. We thought we had made the case that there is irreparable harm to the organization underway. She focused on the technical issues that, in our view, of course, were not the most important ones involving the status and the filing status of the parties,” he said Thursday. “But nevertheless, that’s the ruling and we march on.”
The case goes to the heart of Mr. Trump’s executive powers and whether USIP falls fully under his purview, or whether it is independent.
The ousted board members had urged the judge to act quickly, warning there may not be much of the institute left if they aren’t immediately restored to their posts.
“The institute understands that DOGE has convinced a Georgia-based cybersecurity expert to drive to the Institute’s headquarters to help DOGE break through the security features protecting USIP’s computer systems,” the board members’ complaint reads. “If allowed to succeed, Defendants will irreparably injure the Institute.”
The complaint also says that DOGE employees may be physically damaging USIP offices. USIP lawyers included a photo of an overflowing trash can filled with USIP financial documents marked “shred.”
The complaint echoes statements made by USIP leaders who say that Mr. Trump’s Feb. 19 executive order targeting the institute is unlawful.
“Plaintiffs seek the immediate intervention of this Court to stop Defendants from completing the unlawful dismantling of the Institute and irreparably impairing Plaintiffs’ ability to perform their vital peace promotion and conflict resolution work as tasked by Congress,” the complaint adds.
The filing follows the contentious takeover of the USIP office building near the National Mall on Monday. DOGE workers, along with Mr. Jackson, gained access to the offices and evicted USIP staff and former President George Moose.
The takeover has incensed congressional Democrats, who say DOGE’s actions are unlawful and harmful.
“This week’s events further signal that the Trump Administration and Elon Musk have no desire to actually make America safer, stronger or more prosperous. Their goal is to recklessly dismantle historic U.S. institutions piece by piece,” Sen. Jeanne Shaheen of New Hampshire and Rep. Gregory Meeks of New York, the top Democrats on Congress’ foreign relations panel, said Wednesday in a joint statement.
The White House reaffirmed its intention to reduce the headcount at independent agencies like USIP following the takeover, hoping reductions will improve efficiency.
“President Trump signed an executive order to reduce USIP to its statutory minimum. After noncompliance, 11 board members were lawfully removed, and remaining board members appointed Kenneth Jackson acting president,” White House spokesperson Anna Kelly said in a statement. “Rogue bureaucrats will not be allowed to hold agencies hostage. The Trump administration will enforce the President’s executive authority and ensure his agencies remain accountable to the American people.”
DOGE’s takeover was carrying out Mr. Trump’s executive order from last month, which targeted USIP and other smaller institutions. Before Monday’s takeover, DOGE workers and FBI agents tried to gain entrance into USIP’s offices Friday but were turned away by the institute’s lawyers.
The White House has reduced the headcount of USIP’s board to three members, leaving only Secretary of State Marco Rubio, Defense Secretary Pete Hegseth and Peter A. Garvin, president of the National Defense University. The board voted to remove Mr. Moose this month and install Mr. Jackson in his stead.
Mr. Foote said that the White House’s action on USIP’s board is clearly unlawful and is confident that the judge will agree.
“The two big legal issues are whether USIP is subject to the direction of the president of The United States. And the second one is whether the president, even if he had that ability, could fire the members in the way he did,” Mr. Foote said.
“Our answer to both of those is an emphatic no and I’m very optimistic that a court with pleadings and plenty of time to consider it will be on our side. USIP is a strange organization created by Congress intentionally to be independent of the Executive Branch,” he concluded.
• Vaughn Cockayne can be reached at vcockayne@washingtontimes.com.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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