A major USADF legal battle is unfolding in Washington, D.C., as a federal judge halted the Trump administration’s plan to gut the U.S. African Development Foundation. This agency funds small businesses and infrastructure projects across 22 African nations.
Consequently, U.S. District Judge Richard Leon issued a temporary block on the administration’s efforts. He further ruled that Trump’s appointment of Pete Marocco as USADF chairman violated federal law. Since Marocco was not confirmed by the Senate, he could not legally lead the agency.”
Because of this ruling, Marocco’s sweeping actions terminating staff and freezing grants—must be reversed immediately. The judge stated that these decisions were not legally valid.
Initially, Congress established USADF in 1980 as an independent agency. It requires Senate-confirmed board members. In 2023, lawmakers allocated $46 million to support agriculture, energy, and development initiatives through the agency.”
In February, Trump signed an executive order calling for major cuts. He targeted USADF and several similar organizations, ordering them reduced to minimum levels allowed by law. He also fired USADF’s board and installed Marocco without Senate approval.
Two USADF employees and a Zambia-based consulting firm filed a lawsuit in May. They argued that the unauthorized appointment crippled the agency’s mission. They requested a court injunction to stop further damage.
Their legal team warned that Marocco’s “slash-and-burn” leadership could dismantle the agency before their case concludes. They cited the Federal Vacancies Reform Act, which limits temporary appointments and mandates reversal of unauthorized decisions.
“This is a win for the rule of law,” said Joel McElvain, senior adviser at Democracy Forward. “We will keep fighting to protect USADF’s mission and its critical support for African communities.”
Meanwhile, U.S. Attorney Jeanine Pirro argued that the vacancies law didn’t apply to USADF. She claimed the president could appoint temporary leaders pending Senate confirmation.
However, the court disagreed. Although Judge Leon acknowledged Trump’s authority to fire board members, he found the appointment of Marocco illegal. The USADF legal battle will now move forward, with new hearings likely in the coming weeks.
For now, USADF’s operations remain protected. Supporters of the agency hope this ruling ensures continued investment in African development. The USADF legal battle could set an important precedent for future executive appointments and agency governance.
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