WASHINGTON — A significant legal battle is set to unfold as the U.S. African Development Foundation (USADF), a small federal agency dedicated to investing in African small businesses, prepares to defend its autonomy and operations in court.
Last week, USADF’s leadership made efforts to prevent staff from the Department of Government Efficiency from accessing their Washington D.C. offices. However, these efforts fell short when the department returned with U.S. Marshals, successfully entering the premises.
USADF President Ward Brehm filed a lawsuit against the administration, claiming that the attempted takeover violated legal protocols, asserting that neither President Trump nor the Department of Government Efficiency possessed the authority to shut down the agency or alter its leadership structure.
In response, U.S. District Judge Richard J. Leon issued a temporary injunction preventing the administration from replacing USADF’s leadership. The court will hear arguments regarding the administration’s authority to remove board members and appoint replacements.
President Trump’s recent executive order targeted USADF and three other agencies, aiming to fulfill his promise to streamline the federal government. Established by Congress in 1980, USADF operates independently, governed by a board that requires Senate confirmation.
A crucial aspect of this case is the legal authority of the administration to dismiss independent board members. A landmark Supreme Court ruling, known as Humphrey’s Executor, restricts presidential power in this regard, although recent rulings have expanded such authority. Legal analysts suggest the current conservative-majority court may be inclined to revise this longstanding precedent.
Government attorneys contended that the Trump administration dismissed USADF’s board members via email last month, a claim USADF challenged, stating that only President Brehm received such a notification.
Notably, the remaining board members appointed Brehm as president on March 3 following the resignation of the previous president, coinciding with the agency’s elimination campaign.
Attorneys representing the administration have asserted that USADF’s leadership has actively avoided adhering to presidential directives and emphasized the need for the President to appoint acting officials to uphold U.S. laws.
In its 2023 budget, Congress allocated $46 million to USADF to empower smaller agricultural and energy infrastructure projects across 22 African nations. The agency currently employs around 50 individuals.
In court documents, USADF reported instances of Department of Government Efficiency staff demanding within access to their systems, which USADF staff rejected due to privacy and security protocols. Furthermore, they indicated that DOGE had communicated that Pete Marocco, the deputy administrator who has overseen the dismantling efforts, would lead USADF’s board.
Marocco and parts of the DOGE staff previously succeeded in shutting down another independent agency, the Inter-American Foundation (IAF). Officials informed IAF staff on February 28 that Marocco would chair its board, leading to an emergency meeting outside of IAF’s offices due to access issues.
Marocco subsequently claimed the role of acting CEO, effectively dismissing the existing president. Following this, IAF suffered significant setbacks, including the cancellation of grants and layoffs of most staff members. In 2024, IAF had managed nearly $350 million in investments in Latin America and the Caribbean, predominantly sourced from external funding.
