A federal judge on Tuesday declined to block the Department of Government Efficiency (DOGE) from taking over the U.S. African Development Foundation (USADF).
U.S. District Judge Richard Leon declined a motion attempting to keep USADF’s chair, Ward Brehm, in his job and prevent Peter Marocco, the deputy acting head of the U.S. Agency for International Aid (USAID), from taking control of the foundation.
Leon said Brehm didn’t show he would suffer irreparable harm in the case of his motion not being granted, which is required to get a temporary restraining order.
“The heart of the problem is that Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Leon wrote in the Tuesday filing.
“At the outset, his loss of employment in and of itself is not irreparable harm. Should he eventually succeed on the merits, the Court could remedy any harm by reinstating him to his position and ordering back pay,” he added.
Leon also declined to stop the appointment of Marocco “or any other person” in the roles of a USDAF board of directors acting member, Brehm’s position instead of him “or otherwise recognize any other person as a member of the Board of USADF absent Senate confirmation or as President of USADF absent appointment by a lawfully-constituted Board.”
However, Leon questioned whether President Trump’s effort to install Marocco in Brehm’s current post exceeded his authority.
USADF is an independent government agency formed in 1980 to back grassroots groups and small enterprises that help marginalized populations and communities in Africa.
Last Wednesday, DOGE staffers were shut out of USADF headquarters in Washington, D.C. Marocco and DOGE employees tried to get into the USADF office, but could not “access it,” per USADF. DOGE workers along with Marocco were able to access USADF’s building the following day.
In a letter to a DOGE staffer, Brehm said that he had “specifically instructed the staff of USADF to adhere to our rules and procedure of not allowing any meetings of this type without my presence.”
The Hill has reached out to a spokesperson for DOGE, the White House, the State Department, the Justice Department, the General Services Administration and a Brehm attorney for comment.
