Trump Likely to Prevail on Appeal of Institute of Peace Firings

The Trump administration can maintain its removals of US Institute of Peace board members and other actions it took that were ruled unlawful by a district court judge, the DC Circuit said Friday.

The president “may remove executive officers at will,” and since the institute “exercises substantial executive power,” the government is likely to prevail on its claim that the board’s removal protections are unconstitutional, the US Court of Appeals for the DC Circuit said in a per curiam order staying that lower court order pending the outcome of the administration’s appeal.

President Donald Trump’s Feb. 19 executive order directed the operations of several government entities—including the institute—to be “eliminated to the maximum extent consistent with applicable law.”

On March 14 the institute’s board members were fired by Trump without reason, the plaintiffs alleged in a March complaint. Defense Secretary Pete Hegseth, Secretary of State Marco Rubio, and National Defense University President Peter A. Garvin remained as ex officio members.

Since then, the administration transferred the institute’s $500 million building and financial assets to the General Services Administration and fired nearly all of its employees.

The plaintiffs alleged the administration’s actions “stripped USIP of the resources needed to carry out the mission Congress chartered it to perform” and effectively dissolve the organization, which is prohibited under its establishing statute.

US District Judge Beryl A. Howell, an Obama nominee, granted the board members summary judgment in May, concluding Congress’ restrictions on the president’s ability to remove them are “squarely constitutional.”

Although the institute must be considered part of the federal government to resolve separation-of-powers questions, it’s not part of the executive branch, Howell said.

Soft Power

But the record shows the institute “engages in extensive activities within the domain of the Prsident’s foreign affairs powers,” the DC Circuit said Friday.

The institute has engaged with international stakeholders to work on post-conflict recovery in Gaza, provide open dialogue in Afghanistan, and facilitated informal talks with the Azerbaijani and Armenian embassies to reach a peace agreement, the appeals court said.

The institute also “shapes foreign affairs in the interest of the United States through the exercise of soft power,” the DC Circuit said, including through grants, fellowships, and other support to individuals abroad.

The president’s inability to control the institute’s exercise of those powers “undermines his ability to set and pursue his foreign policy objectives,” the judges said.

The president also faces irreparable harm in absence of a stay by not being able to “fully exercise his executive powers,” the DC Circuit said.

Judges Gregory G. Katsas, Neomi Rao and Justin R. Walker—all nominated by Trump—joined the opinion.

Zuckerman Spaeder LLP represents the plaintiffs.

The case is US Institute of Peace v. Jackson, D.C. Cir., No. 25-05185, stayed 6/27/25.