A federal judge has dismissed a lawsuit challenging President Donald Trump’s removal of board members from the U.S. African Development Foundation (USADF). The ruling, issued Tuesday, June 10th, by U.S. District Judge Richard Leon, found that Trump acted within legal bounds when he eliminated most of the agency’s leadership and significantly reduced its operations. The case was brought by Ward Brehm, a former USADF board member who argued he had not been lawfully terminated.
Trump’s February 19th executive order directed the downsizing of several independent agencies, including USADF, to their statutory minimum presence. Although USADF had filled five of the seven board seats at the time, the administration issued dismissal notices via email. Due to clerical errors, the messages were sent to incorrect addresses and never reached their intended recipients. Believing they were still active members, four board members later appointed Brehm as board president in March.
However, the administration had already moved forward. Trump named Pete Marocco as the sole acting chair, prompting a legal standoff over who led the agency. In his ruling, Judge Leon stated that despite the misdirected emails, the termination was valid and final. He wrote that the president holds “broad authority to manage the executive branch,” particularly when it comes to removing officials from independent agencies like USADF. As a result, any subsequent action taken by the former board, including Brehm’s self-appointment, was declared unauthorized.
The USADF was established by Congress in 1980 to fund small-scale development projects in Africa, with a focus on agriculture and energy. In FY 2023, the agency received $46 million to support initiatives in 22 African nations. Critics of the downsizing, including development groups and U.S. lawmakers, argue that the move undermines America’s diplomatic presence and economic engagement on the continent. Trump, meanwhile, defended the cuts as part of his “America First” fiscal strategy, saying foreign aid should be reduced to prioritize domestic spending.
A parallel case is still pending in the same court. In that lawsuit, two USADF employees and a Zambian consulting firm claim the administration violated statutory rules by appointing Marocco without Senate confirmation, as required by law. Legal experts say the outcome of that case could clarify limits on executive control over independent agencies. Brehm’s legal team also raised constitutional arguments regarding appointments, which remain unaddressed by this ruling.
