Latest news with #TakeCareClause
Epoch Times
23-04-2025
- Business
- Epoch Times
Judge Halts Trump Administration Efforts to Dismantle Voice of America
A federal judge has ordered President Donald Trump's administration to reverse its efforts to shut down Voice of America (VOA) and restore the decades-old federal news service. In an '[Defendants] took immediate and drastic action to slash USAGM, without considering its statutorily or constitutionally required functions ... and without regard to the harm inflicted on employees, contractors, journalists, and media consumers around the world,' Lamberth wrote. He granted a preliminary injunction for plaintiffs ordering that employees of VOA, Radio Free Asia, and the Middle East Broadcasting Network be reinstated and returned to their prior status, noting that some employees were endangered or placed at risk of deportation by the sudden policy shift. VOA sits under the umbrella of the USAGM, which oversees VOA and other media groups, including several that operate in countries or regions with limited freedom of the press. Those groups include Radio Free Europe, Radio Free Asia, the Middle East Broadcasting Network, the Office of Cuba Broadcasting, and the Open Technology Fund. USAGM has historically been considered an arm of U.S. diplomacy. Related Stories 3/28/2025 4/1/2025 In Executive Order 14238, titled 'Continuing the Reduction of the Federal Bureaucracy,' Trump called for USAGM and its subsidiaries to be 'eliminated to the maximum extent On March 15, the day after that executive order, 1,042 employees of USAGM were placed on 'As a result of the defendants' actions, VOA is not reporting the news for the first time in its 80-year existence,' the factual summary read. 'Its website has not been updated since March 15, 2025, and radio stations abroad that rely on VOA's programming have either gone dark or air only music.' In the injunction, Lamberth pointed to the legal requirement that VOA 'serve as a consistently reliable and authoritative source of news.' The filing also noted potential harms for affected USAGM contractors currently in the United States under a J1 visa, who 'face the possibility of deportation to home countries, in some instances those with authoritarian regimes that are hostile to a free press.' On March 22, plaintiffs affected by the decision brought suit against Kari Lake, the administration's senior adviser to the CEO of USAGM, and against agents of USAGM who had worked to implement the executive order. Plaintiffs alleged that in practice, government officials proceeded in 'terminating and threatening to terminate the majority of USAGM staff, ending grants to its affiliates, and silencing programming,' which they claimed violated the First Amendment, separation of powers, the Take Care Clause of the Constitution, and multiple congressional laws. They sought the reinstatement of all employees and staff dismissed in compliance with Trump's executive order from the six affected media subsidiaries. In his decision, Lamberth granted plaintiffs' request only in part, ordering the reinstatement of affected 'employees, contractors, and grantees' of VOA, Radio Free Asia, and the Middle East Broadcasting Network. Other groups under the USAGM were excluded. Because the ruling was preliminary, it will be subject to scrutiny as the trial progresses or an appeal is filed by the government.
Yahoo
18-03-2025
- Politics
- Yahoo
U.S.-Funded News Organizations Defy Trump and Continue Reporting
Multiple U.S.-funded news organizations worldwide continue to operate in the face of cuts and purges from the Trump administration. Last week, President Trump signed an executive order to destroy the U.S. Agency for Global Media. The next day, virtually the entire staff at Voice of America was fired, as they are considered federal employees. But other international broadcasters funded by the United States operate as nonprofits that rely on federal grants—and they're fighting back. Radio Free Europe/Radio Liberty, Radio Free Asia, and Middle East Broadcasting Networks are all continuing reporting while they prepare for legal challenges to Trump's order, which they believe is 'unlawful.' 'Our pro bono legal team is prepared to take all necessary steps to ensure that RFE/RL continues its Congressionally authorized mission,' wrote Radio Free Europe/Radio Liberty Board Chair Lisa Curtis on LinkedIn. She continued: Here are four reasons it's illegal for USAGM to deny appropriated funds to RFE/ violates the statute governing RFE/RL. 1. It violates the statute governing RFE/RL. 2. It violates Congressional appropriations laws. 3. It violates the U.S. Constitution. The Appropriations Clause and the Take Care Clause of the Constitution, and the Impoundment Control Act, cannot be ignored. Justice Kavanaugh agrees and said so in his Aiken County decision in 2013. 4. Finally the grant termination itself is unlawful. Leaders of the outlets said programming is set to continue until further notice.
Yahoo
29-01-2025
- Business
- Yahoo
The Trump White House Wants A Court Challenge Over Frozen Funds
The Trump administration's federal government funding freeze instituted Monday and apparently rescinded Wednesday appears to be a part of the White House's official policy to get courts to hand President Donald Trump the power to pick and choose which congressionally authorized funding he will spend, according to a confidential document obtained by HuffPost. The confidential Office of Management and Budget document outlining 'regulatory misalignment' calls on Trump to issue executive orders blocking the release of appropriated funds in order to provoke a court challenge over the president's power to impound such funds. 'Use executive orders to impound funds exceeding legislative intent or conflicting with constitutional duties, citing national security, fiscal waste, or statutory ambiguities,' the document states. 'Seek legal precedent to affirm the President's Article II powers under the Take Care Clause and Executive Vesting Clause.' That is what is playing out with the now-rescinded OMB memo freezing federal grants, loans and financial assistance across the federal government. Less than 12 hours after the OMB memo's release, it was challenged in court by Democratic state attorneys general and a coalition of nonprofit groups. The challenge brought by the nonprofit groups resulted in a judge issuing a temporary restraining order blocking the freeze from going into effect Tuesday evening. On Wednesday, the administration rescinded the memo but then claimed that the policy was still in effect and officials only rescinded the memo to get courts to drop the restraining order. A second judge issued another temporary restraining order on Wednesday after the administration rescinded the original memo. This confusing series of events and conflicting statements and actions may be a fiasco, but the confidential OMB document makes clear that the administration intends on fomenting this very court challenge over the president's power to not spend congressionally authorized funds. Trump is targeting the Impoundment Control Act of 1974, a law that greatly restricts the ability of the president to defer or deny spending funds authorized by Congress. The law was passed after President Richard Nixon refused to spend funds appropriated for pollution cleanup and mental health centers, among other things. The Government Accountability Office determined that Trump violated it in 2019 when he withheld funds from Ukraine as part of a blackmail scheme targeting his 2020 election opponent Joe Biden. Russell Vought, Trump's OMB director in his first term and current nominee to run it again, has been vocal about his belief the law is unconstitutional and that the president has inherent constitutional authority to refuse to spend money appropriated by Congress as he desires. The Senate has not yet confirmed Vought to the position. Similarly, billionaire Elon Musk, who leads the White House's Department of Government Efficiency initiative, has also pushed for challenging the Impoundment Control Act and stated in an op-ed written with his former DOGE co-lead Vivek Ramaswamy that 'we believe the current Supreme Court would likely side with him on this question.' In response to a question about the confidential document, OMB provided a statement from press secretary Karoline Leavitt. 'In light of the injunction, OMB has rescinded the memo to end any confusion on federal policy created by the court ruling and the dishonest media coverage,' Leavitt said in the statement. 'The Executive Orders issued by the President on funding reviews remain in full force and effect and will be rigorously implemented by all agencies and departments. This action should effectively end the court case and allow the government to focus on enforcing the President's orders on controlling federal spending. In the coming weeks and months, more executive action will continue to end the egregious waste of federal funding.' Whether or not the current OMB funding freeze remains in effect, the OMB document and Leavitt's statement make clear that the Trump administration wants this fight and it will happen — if not now, then later.
