The plot by President Donald Trump, tech billionaire Elon Musk, and Secretary of State Marco Rubio to dismantle the U.S. Agency for International Development, or USAID, is blatantly illegal, and a core test of America's separation of powers, Brookings Institution scholar William A. Galston wrote for the Wall Street Journal.
Already, the Trump administration's attacks on the critical program, which disburses foreign aid for everything from promoting democracy to preventing pandemics, has led to massive protests at the agency headquarters and a vow from Sen. Brian Schatz (D-HI) to put a blanket hold on State Department nominees in protest.
"President John F. Kennedy established USAID via an executive order, relying on authority granted to him by the Foreign Assistance Act of 1961. Had USAID remained in this status, Mr. Trump would be within his rights to eliminate it by reversing Kennedy’s order. But in 1998 Congress enacted a law establishing USAID as a distinct entity within the executive branch and distinguishing between its functions and those of the State Department," wrote Galston. What that means, he added, is "USAID exists pursuant to law, its functions are defined by law, and it would take an act of Congress to alter it significantly or abolish it."
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Technically, USAID isn't a fully independent agency, Galston noted, as they are meant to take directives from the State Department, and Rubio could thus dismiss USAID officials who operate contrary to his policy. But that doesn't give him or anyone else power to abolish the agency — that, or any major structural reform of the program, would have to come from Congress.
Meanwhile, he noted, Elon Musk "seems driven by personal animus rather than legal or policy considerations. In recent days he has called the organization 'evil,' a 'viper’s nest of radical-left marxists who hate America,' and a 'criminal organization.' He tweeted on Feb. 2 that it’s 'time for it to die.' Mr. Trump has echoed these remarks, telling reporters on Sunday that USAID has been run by a 'bunch of radical lunatics.' Neither Mr. Musk nor Mr. Trump has offered evidence to support these charges. Even if they could, they wouldn’t have the legal authority to shutter the organization."
"Mr. Trump’s decision to abolish USAID will almost certainly be challenged in court — and if my reading of the law is correct, the judicial branch won’t allow the president to proceed," Galston concluded. "What then? Will he comply with a court order to stand down, or will he do as he pleases, whatever the judiciary may decide? The rule of law hangs in the balance."
