Judge blocks Trump’s attempt to shut down African Development Foundation

A federal judge shot down President Trump’s attempt to curtail the U.S. African Development Foundation, ruling Tuesday that the move likely went beyond his executive powers.

Mr. Trump had fired USADF’s leadership and appointed his own man, Pete Marocco, to the board to carry out his wind-down of the agency.

But Judge Richard Leon, a George W. Bush appointee in Washington, said the Constitution likely doesn’t allow Mr. Trump to appoint a new board member without going through the usual procedures.

That would require either getting Senate confirmation or making a recess appointment.

Mr. Trump’s team argued the president had inherent powers as president to make the appointment to ensure the law is carried out. But the judge said court precedent contradicts that.

The president also lacks authorization to appoint acting board members, the judge ruled.

“The court therefore finds that plaintiffs are likely to succeed on the merits of their challenge to the legality of Marocco’s appointment,” Judge Leon said.

He described Mr. Marocco as one of Mr. Trump’s “utility players,” whom the administration deploys when it wants to carry out cuts to foreign assistance programs.

In this case Mr. Marocco, after being put on the board, appointed himself president of the foundation and began to carry out cuts.

Judge Leon had previously rejected another lawsuit brought by fired USADF board members, who’d challenged their ouster. In that case the judge had ruled they didn’t have standing to sue.