A federal appeals court has reversed a lower court’s ruling that had prevented the Trump administration from removing board members at the United States Institute of Peace (USIP), according to a recent order issued on June 27.
The dispute began when President Donald Trump issued an executive order on February 19 declaring USIP “unnecessary” and directing its operations to be “eliminated to the maximum extent consistent with applicable law.” USIP, established by Congress as an independent nonprofit organization, received both federal and private funding to promote peace through diplomatic and educational initiatives.
The institute’s board consisted of 15 members – three ex officio members who held their positions due to their federal government roles, and 12 presidential appointees confirmed by the Senate. On March 14, the White House Presidential Personnel Office terminated all appointed board members, followed by the ex officio members removing the board’s president.
Subsequently, the Department of Government Efficiency took control of USIP headquarters on March 17, with the administration later dismissing most staff members and discontinuing all programs. The General Services Administration then assumed control of the facility.
USIP and several dismissed board members filed a lawsuit against the government regarding the terminations. District Judge Beryl Howell initially blocked the administration’s efforts to restructure USIP and take control of its building on May 19, later denying the
administration’s request for a stay.
The Court of Appeals for the District of Columbia Circuit, however, sided with the administration. The plaintiffs had argued that USIP operated independently from the government and that board members could only be removed under specific circumstances, such as felony convictions or misconduct in office.
The government contended that USIP fell under executive branch authority due to its diplomatic functions, giving the president the power to dismiss board members. The appeals court agreed, ruling that the president has the authority to remove executive officers “at will” since USIP exercises “substantial executive power.”
The court cited USIP’s involvement in various international diplomatic efforts, including peace negotiations between Israel and Palestinians, and its role in facilitating cease-fire discussions between the Philippine government and rebel forces. The court emphasized that USIP “shapes foreign affairs in the interest of the United States through the exercise of soft power.”
The appeals court determined that preventing presidential control over USIP’s activities would impede the president’s ability to implement foreign policy objectives, noting that the president serves as the “sole organ of the federal government in the field of international relations.”
The ruling referenced a similar Supreme Court decision from May, where the high court lifted restrictions on the president’s ability to remove members of the National Labor Relations Board and Merit Systems Protection Board. The Supreme Court had emphasized that the
Constitution grants the president authority to remove executive officers without cause when they exercise power on his behalf.
This decision follows a broader pattern of legal victories for the Trump administration, including a recent Supreme Court ruling that limited federal judges’ ability to impose nationwide injunctions against executive policies. President Trump celebrated this decision during a White House press conference, describing it as “a monumental victory for the Constitution, separation of powers, and the rule of law.”