Case: United States Institute of Peace v. Jackson

President Donald Trump

COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11551408) filed by JOHN J. SULLIVAN, UNITED STATES INSTITUTE OF PEACE, MARY SWIG, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons)(Goldfarb, Andrew) (Entered: 03/18/2025)

1 Civil Cover Sheet

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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Emergency MOTION for Temporary Restraining Order and for an Immediate Administrative Stay by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Goldfarb, Andrew) (Entered: 03/18/2025)

1 Memorandum in Support

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4 Text of Proposed Order

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NOTICE of Appearance by Andrew Nathan Goldfarb on behalf of All Plaintiffs (Goldfarb, Andrew) (Entered: 03/18/2025)

NOTICE of Appearance by Alyssa Howard Card on behalf of All Plaintiffs (Card, Alyssa) (Entered: 03/19/2025)

Case Assigned/Reassigned

.Order

Motion Hearing AND ~Util - Set/Reset Deadlines

Case Assigned to Judge Beryl A. Howell. (zjd)

Order

STANDING ORDER. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4) (Entered: 03/19/2025)

Set/Reset Deadlines/Hearings

MINUTE ORDER (paperless) DIRECTING the parties to appear for a hearing on plaintiffs' 2 Motion for a Temporary Restraining Order on March 19, 2025 at 2:00 PM, in Courtroom 26A- In Person before Judge Beryl A. Howell; DIRECTING defendants to file any written response to plaintiffs' motion by March 19, 2025 at 12:00 PM; and ORDERING plaintiffs to serve defendants with a copy of this Order immediately upon receipt to ensure that counsel for defendants has sufficient notice to appear at the hearing. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4)

Notice (Other)

Set/Reset Deadlines/Hearings: Defendants Response To Plaintiff's Motion due no later than 12:00PM on 3/19/2025. Motion Hearing set for 3/19/2025 at 2:00 PM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

Motion Hearing

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for March 19, 2025 at 2:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: <https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order% 20No.%2024-31_001.pdf > Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

SUMMONS (13) Issued Electronically as to All Defendants, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 03/19/2025)

1 Notice and Consent

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NOTICE of Appearance by Ben Jernigan on behalf of All Plaintiffs (Jernigan, Ben) (Entered: 03/19/2025)

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 03/19/2025)

Memorandum in opposition to re 2 Motion for TRO, filed by AMY GLEASON, JAMES M. BURNHAM, JACOB ALTIK, NATE CAVANAUGH, MARCO RUBIO, PETE HEGSETH, PETER A GARVIN, DONALD J. TRUMP, KENNETH JACKSON, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Hudak, Brian) (Entered: 03/19/2025)

Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 3/19/2025 re 2 Emergency Motion for Temporary Restraining Order. The Court Heard Oral Arguments From The Parties. For Reasons Stated On The Record, The Court Denies 2 Emergency Motion for Temporary Restraining Order and for an Immediate Administrative Stay. The Court Directs The Parties To Meet And Confer and File Either Joint Or Individual Expedited Briefing Schedule due no later than 2:00PM On March 20, 2025. (Court Reporter LISA EDWARDS.) (mac)

MINUTE ORDER (paperless) DENYING plaintiffs' 2 Motion for a Temporary Restraining Order ("Pls.' Mot."). Plaintiffs did not make the sufficient showings of likelihood of success on the merits and likelihood of suffering irreparable harm to warrant issuance of the extraordinary relief of a temporary restraining order ("TRO"). See Ramirez v. Collier, 595 U.S. 411, 421 (2022) (describing the four factors necessary for granting a preliminary injunction or TRO). Regarding likelihood of success on the merits, the unique position of the U.S. Institute of Peace, as a Congressionally established independent nonprofit corporation, makes it too difficult to determine on the present record whether the President's removal of the Board members and the remaining three ex officio members' appointment of a new Institute President was lawful and thus whether DOGE's intrusion on the property was permitted. On the one hand, the Institute is statutorily described as "an independent nonprofit corporation" and charitable organization, 22 U.S.C. § 4603(b), and its employees are expressly "not considered officers and employees of the Federal Government," except for certain purposes, id. § 4606(f)(1). On the other, the Institute's leadership is appointed by the President and confirmed by the Senate, id. § 4605(b)(4); the Board has two Cabinet members sitting ex officio, id. § 4605(b)(1)-(2); and the Institute itself admits it is subject to FOIA, see FOIA, UNITED STATES INSTITUTE FOR PEACE, https://www.usip.org/freedom-information-act-foia, which applies to executive branch entities. In addition, as defendants point out, the Institute has grant-making authority with public funds, id. §§ 4603(c), 4604(b)(1), (d), 4606(b); is tasked with making reports to Congress, id. § 4604(c)(3); and may obtain services from the General Services Administration, id. § 4604(o). Moreover, plaintiffs' counsel seemed to concede, by invoking Humphrey's Executor, 295 U.S. 602 (1935) (involving statutory removal protections for executive branch agencies with quasi-legislative and quasi-judicial functions), that the Institute is an executive branch entity. Notwithstanding that the Presidents' removal of the five plaintiff Board members violated the applicable statutory removal provisions, 22 U.S.C. § 4605(f), depending on the precise nature of the Institute, some of those removal provisions, namely id. § 4605(f)(3), may be constitutionally suspect under Myers v. United States, 272 U.S. 52 (1926), for reserving a role for Congress in the removal process. See Morrison v. Olson, 487 U.S. 654, 686 (1988) (describing that takeaway from Myers). Upon further consideration, the Institute may be deemed to sit outside of the executive branch, or the removal protections may be deemed appropriately enforceable within the Supreme Court's jurisprudence, but plaintiffs did not demonstrate as much in this expedited posture. See generally, Pls.' Mot. (not addressing Myers or Humphrey's Executor).Plaintiffs also did not demonstrate irreparable harm because their alleged harm was dependent on their success on the merits. Plaintiffs cited as their irreparable harm their inability to carry out their statutory functions and the harm to the Institute based on defendants' intent to reduce it to the "statutory minimums" and defendants' alleged destruction of the Institute's property. Compl. 1 ¶¶ 59-65. Those harms, however, are dependent on plaintiffs' success on the merits. Plaintiffs' counsel can only represent the Institute--and thus properly assert the harms of the Institute--to the extent that plaintiff Board members and former President of the Institute, George Moose, were wrongfully removed. Plaintiffs likewise only suffer harm in their official capacities--the capacities in which they pled, Compl. ¶¶ 7-11--if they must lawfully remain members of the Board. While the allegations of records and property destruction, see e.g., Pls.' Mot. at 3, and defendants' threatening and aggressive confrontation, involving the deployment of law enforcement officers from three different agencies, in interactions with employees at the U.S. Institute of Peace are deeply troubling, the extraordinary relief of the TRO is not warranted at this time. The parties are DIRECTED to jointly propose a schedule for summary judgment briefing by March 20, 2025 at 2:00 PM. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4)

NOTICE of Appearance by Sam Escher on behalf of All Defendants (Escher, Sam) (Entered: 03/20/2025)

Order on Motion for Order

Joint MOTION for Briefing Schedule Setting Expedited Briefing Schedule by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jernigan, Ben) Modified event on 3/21/2025 (znmw). (Entered: 03/20/2025)

1 Text of Proposed Order Proposed Order

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MINUTE ORDER (paperless), upon consideration of the parties' 11 Joint Motion for Expedited Briefing ISSUING the following SCHEDULING ORDER: (1) By March 24, 2025, plaintiffs will file any amended complaint (though defendants' obligation to respond is stayed pending further order of the Court); (2) By April 4, 2025, plaintiffs will file their motion for summary judgment; (3) By April 11, 2025, defendants will file any cross-dispositive motion and opposition to plaintiffs' motion; (4) By April 18, 2025, plaintiffs will file their opposition to defendants' cross-motion and reply in support of their motion; (5) By April 25, 2025, defendants will file any reply in support of their cross-motion. Any hearing, if necessary, will be held the week of April 28, 2025. Signed by Judge Beryl A. Howell on March 20, 2025. (lcbah4)

Set/Reset Deadlines

Set/Reset Deadlines: Amended Pleadings due by 3/24/2025. Summary Judgment Motion due by 4/4/2025. Defendants Cross Dispositive Motion And Opposition To Plaintiff's Motion due by 4/11/2025. Plaintiffs Opposition to Defendant's Cross-Motion And Reply In Support OF Their Motion due by 4/18/2025. Defendants Reply In Support Of Their Cross-Motion due by 4/25/2025. (mac)

Notice of QC **DO NOT USE- FOR REPORTING PURPOSES ONLY.**

NOTICE OF ERROR re 11 Motion for Order; emailed to bjernigan@zuckerman.com, cc'd 17 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. Signature on Filing Must Match PACER Account (mg, )

AMENDED COMPLAINT against All Defendants filed by JOHN J. SULLIVAN, UNITED STATES INSTITUTE OF PEACE, MARY SWIG, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I - Redline of Amended Complaint, # 10 Summons)(Goldfarb, Andrew) (Entered: 03/24/2025)

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9 Exhibit I - Redline of Amended Complaint

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10 Summons

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SEALED DOCUMENT re 12 Amended Complaint filed by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG(This document is SEALED and only available to authorized persons.)(Goldfarb, Andrew) Modified to add link on 3/25/2025 (znmw). (Entered: 03/24/2025)

MOTION for Order Pursuant to the All Writs Act to Suspend Transfer of Property and for Status Conference by NANCY ZIRKIN, GEORGE E. MOOSE, UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, MARY SWIG. (Attachments: # 1 Exhibit Exhibit A - Resolution, # 2 Exhibit Exhibit B - Email Correspondence, # 3 Text of Proposed Order Proposed Order)(Goldfarb, Andrew). Added MOTION for Status Conference on 4/1/2025 (mg). (Entered: 03/31/2025)

1 Exhibit Exhibit A - Resolution

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2 Exhibit Exhibit B - Email Correspondence

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3 Text of Proposed Order Proposed Order

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.Order

Set/Reset Deadlines/Hearings

Notice of Hearing

MINUTE ORDER (paperless), upon consideration of plaintiffs' 14 Motion for Order Pursuant to All Writs Act and for Status Conference, DIRECTING defendants to file any position on that Motion by 3:00 pm today, March 31, 2025, and further DIRECTING the parties to appear in-person for a status conference on April 1, 2025 at 10:00 am in Courtroom 26A. Signed by Judge Beryl A. Howell on March 31, 2025. (lcbah4)

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for April 1, 2025 at 10:00AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: <https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order%20No.% 2024-31_001.pdf > Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court.(mac)

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for April 1, 2025 at 10:00AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order%20No.% 2024-31_001.pdf. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court.(mac)

Set/Reset Deadlines/Hearings: Defendant's Position On Motion due no later than 3:00PM on 3/31/2025. Status Conference set for 4/1/2025 at 10:00 AM in Courtroom 26A- In Person (Audio Line Available) before Judge Beryl A. Howell. (mac)

Memorandum in opposition to re 14 Motion for Order, filed by AMY GLEASON, TRENT MORSE, JAMES M. BURNHAM, JACOB ALTIK, NATE CAVANAUGH, MARCO A. RUBIO, PETER B. HEGSETH, PETER A. GARVIN, DONALD J. TRUMP, KENNETH JACKSON, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Exhibit 1 (Form 1334), # 2 Exhibit 2 (Bd. Resolution), # 3 Exhibit 3 (Letter), # 4 Exhibit 4 (OMB Waiver), # 5 Text of Proposed Order)(Hudak, Brian) (Entered: 03/31/2025)

1 Exhibit 1 (Form 1334)

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2 Exhibit 2 (Bd. Resolution)

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3 Exhibit 3 (Letter)

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4 Exhibit 4 (OMB Waiver)

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5 Text of Proposed Order

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REPLY to opposition to motion re 14 Motion for Order, Pursuant to the All Writs Act to Suspend Transfer of Property and for Status Conference filed by NANCY ZIRKIN, GEORGE E. MOOSE, UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, MARY SWIG. (Goldfarb, Andrew) (Entered: 04/01/2025)

Order on Motion for Order AND Order on Motion for Telephone Conference

Minute Entry for proceedings held before Judge Beryl A. Howell: Status Conference held on 4/1/2025. (Court Reporter ELIZABETH DAVILA.) (mac)

NOTICE of Appearance by William James Murphy on behalf of All Plaintiffs (Murphy, William) (Entered: 04/01/2025)

TRANSCRIPT OF MOTION HEARING before Judge Beryl A. Howell held on March 19, 2025; Page Numbers: 1-94. Date of Issuance: April 1, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/22/2025. Redacted Transcript Deadline set for 5/2/2025. Release of Transcript Restriction set for 6/30/2025.(Edwards, Lisa) (Entered: 04/01/2025)

MINUTE ORDER (paperless), upon consideration of plaintiffs' 14 Motion for Order Pursuant to All Writs Act to Suspend Transfer of Property ("Pls.' Mot."), defendants' 15 Opposition ("Defs.' Opp'n"), plaintiffs' 16 Reply, and the arguments made at a motion hearing held on April 1, 2025, DENYING plaintiffs' 14 Motion in part as MOOT and in part on the merits.On March 31, 2025, plaintiffs filed the pending motion requesting that the Court urgently enjoin defendants' "proposed transfer" of property from the U.S. Institute of Peace ("USIP") to the executive branch's General Services Administration ("GSA") under the All Writs Act, 28 U.S.C. § 1651(a), because such transfer "has the potential substantially to impair this Court's jurisdiction to grant relief to Plaintiffs," Pls.' Mot. at 1, "or, in the alternative,... that the Court schedule a status conference to address the issue as soon as practicable," id. Plaintiffs' request for a hearing on the motion was promptly granted and hearing scheduled for the following day—today—with an opportunity for defendants to file an opposition prior to the hearing.Defendants clarified at the hearing that transfer to GSA of the USIP building and all of the personal property contained therein, was completed on Saturday, March 29, 2025. See Defs.' Opp'n [15-1], Ex. 1 (GSA form for intra-executive branch transfer signed on Mar. 27, 2025); id., Ex. 3 (undated letter from new USIP President to GSA requesting the transfer without reimbursement); id., Ex. 4 (letter from Director of OMB approving the transfer, dated Mar. 29, 2025). With respect to the USIP property already transferred, the deal is no longer merely "proposed" but done, rendering plaintiffs' requested relief moot as to that property.With respect to any other USIP property that has not yet been transferred, including USIP's Endowment held, according to plaintiffs' counsel, in various bank accounts totaling over $20 million, plaintiffs must demonstrate their entitlement to relief under the All Writs Act. This statute empowers courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." 28 U.S.C. § 1651(a).The first issue to address when invoking the All Writs Act is whether the requested relief is "necessary or appropriate in aid of [this Court's] jurisdiction." Id. While plaintiffs raise concern about real property and financial property being transferred to the U.S. government and this Court's inability to promptly transfer them back, see Pls.' Mot. ¶ 8 (citing the Quiet Title Act, which bars entry of a preliminary injunction to dispossess the United States of real property, 28 U.S.C. § 2409a(c)) and ¶ 9 (describing how the only recourse for restoring financial assets would be a Tucker Act suit before the Court of Federal Claims), plaintiffs conceded orally that this Court would still have jurisdiction over the merits of this suit if the property were transferred. The suit would not be moot because some relief would still be possible. An order halting transfer of the property thus is not necessary or appropriate to aid this Court's jurisdiction to resolve the ultimate dispute.Second, plaintiffs cannot demonstrate a likelihood of success on the merits, which is required to obtain an injunction to preserve the status quo between the parties under the All Writs Act in this Circuit. See Belbacha v. Bush, 520 F.3d 452, 458-59 (D.C. Cir. 2008); Kiyemba v. Obama, 561 F.3d 509, 513 n.3 (D.C. Cir. 2009) (interpreting Belbacha as requiring that even if the court has the power to preserve the status quo pursuant to the All Writs Act, the party must still satisfy the four factors for issuing a preliminary injunction to obtain that relief); see also Shoop v. Twyford, 596 U.S. 811, 820 (2022) ("We have made clear that a petitioner cannot use that [All Writs] Act to circumvent statutory requirements or otherwise binding procedural rules."). Plaintiffs cite to Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1102 (11th Cir. 2004), which does not require satisfaction of the four-factor test for a preliminary injunction for an "All Writs Act injunction," Pls.' Mot. at 5, but the Eleventh Circuit's different approach is not applicable here. See Samuel L. Ferenc, Note, Clear Rights and Worthy Claimants: Judicial Intervention in Administrative Action under the All Writs Act, 118 COLUM. L. REV. 127, 150-55 (2018) (distinguishing between the D.C. Circuit's approach and the Eleventh Circuit's anomalous approach in Klay); see also Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1229 (11th Cir. 2005) (holding that plaintiffs cannot "use the All Writs Act in order to circumvent the requirements for preliminary injunctive relief").As explained in the prior order denying plaintiffs' request for a temporary restraining order, plaintiffs have not demonstrated on the current record before the Court that they are likely to succeed on the merits of their ultra vires claims about the removal of USIP's Board members and President. See Minute Order (Mar. 19, 2025). Despite further discussion of the issue during the status conference today, ambiguity persists given the paucity of apposite law regarding USIP's proper classification as an "independent establishment" or "Government corporation" that rests outside of or within the executive branch and whether it qualifies as an agency, see 5 U.S.C. §§ 103-105. Indeed, plaintiffs conceded at the hearing that their reply brief cites to authority on this issue not previously provided to the Court and, further, that this issue will be more fully addressed in the expedited summary judgment briefing being prepared by the parties that will be helpful in making a thorough assessment of the merits.For these reasons, plaintiffs' motion is DENIED.Signed by Judge Beryl A. Howell on April 1, 2025. (lcbah4)

MOTION for Summary Judgment by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN. (Attachments: # 1 Statement of Facts)(Goldfarb, Andrew) (Entered: 04/04/2025)

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MOTION for Summary Judgment Exhibits to R.56.1 Statement by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 - Place Holder, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Text of Proposed Order)(Goldfarb, Andrew) (Entered: 04/05/2025)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Ex. 12 - UNDER SEAL, # 2 Exhibit Proposed Order)(Goldfarb, Andrew) (Entered: 04/05/2025)

Amended MOTION for Summary Judgment Corrected (As to ECF 19) Memorandum in Support of Motion for Summary Judgment by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN. (Goldfarb, Andrew) (Entered: 04/05/2025)

TRANSCRIPT OF PROCEEDINGS, before Judge Beryl A. Howell, held on 4-01-2025. Page Numbers: 1 - 87. Date of Issuance: 4-07-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/28/2025. Redacted Transcript Deadline set for 5/8/2025. Release of Transcript Restriction set for 7/6/2025.(Davila, Elizabeth) (Entered: 04/07/2025)

Order on Sealed Motion for Leave to File Document Under Seal

MINUTE ORDER (paperless) GRANTING plaintiffs' 21 Motion to Seal Exhibit, DIRECTING the Clerk of Court to place under seal plaintiffs' Exhibit 12, and DIRECTING plaintiffs to post on the public docket a redacted copy of the same exhibit. Signed by Judge Beryl A. Howell on April 7, 2025. (lcbah4)

NOTICE OF FILING REDACTED DOCUMENT to 20 MOTION for Summary Judgment Exhibits to R.56.1 Statement by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN (Attachments: # 1 Exhibit Ex. 12 - Redacted)(Goldfarb, Andrew) (Entered: 04/08/2025)

1 Exhibit Ex. 12 - Redacted

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NOTICE of Appearance by Rebecca S. LeGrand on behalf of 113 Former Senior Military and Foreign Policy Officials (LeGrand, Rebecca) (Entered: 04/08/2025)

Unopposed MOTION for Leave to File Amicus Brief by 128 EMPLOYEES OF THE UNITED STATES INSTITUTE OF PEACE PURPORTEDLY TERMINATED ON MARCH 28, 2025. (Attachments: # 1 Exhibit Proposed Brief, # 2 Text of Proposed Order)(Shenkman, Michael) Modified relief on 4/9/2025 (mg). (Entered: 04/08/2025)

1 Exhibit Proposed Brief

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2 Text of Proposed Order

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MOTION for Leave to File Amicus Brief by 113 Former Senior Military and Foreign Policy Officials. (Attachments: # 1 Exhibit 1 (Proposed Amicus Brief), # 2 Text of Proposed Order)(LeGrand, Rebecca) (Entered: 04/08/2025)

1 Exhibit 1 (Proposed Amicus Brief)

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2 Text of Proposed Order

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SUMMONS (1) Issued Electronically as to TRENT MORSE. (mg) (Entered: 04/09/2025)

Order on Motion for Leave to File Amicus Brief

MINUTE ORDER (paperless) GRANTING 128 Employees' 26 Unopposed Motion for Leave to File Amicus Brief and 113 Former Senior Military and Foreign Policy Officials' 27 Unopposed Motion for Leave to File Amicus Brief. Signed by Judge Beryl A. Howell on April 9, 2025. (lcbah4)

AMICUS BRIEF by 128 EMPLOYEES OF THE UNITED STATES INSTITUTE OF PEACE PURPORTEDLY TERMINATED ON MARCH 28, 2025. (znmw) (Entered: 04/10/2025)

AMICUS BRIEF by 113 FORMER SENIOR MILITARY AND FOREIGN POLICY OFFICIALS. (znmw) (Entered: 04/10/2025)

MOTION for Summary Judgment by JACOB ALTIK, JAMES M. BURNHAM, NATE CAVANAUGH, PETER A. GARVIN, AMY GLEASON, PETER B. HEGSETH, KENNETH JACKSON, TRENT MORSE, MARCO A. RUBIO, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Hudak, Brian) (Entered: 04/11/2025)

1 Statement of Facts

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2 Text of Proposed Order

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Memorandum in opposition to re 22 Motion for Summary Judgment, 19 Motion for Summary Judgment filed by JACOB ALTIK, JAMES M. BURNHAM, NATE CAVANAUGH, PETER A. GARVIN, AMY GLEASON, PETER B. HEGSETH, KENNETH JACKSON, TRENT MORSE, MARCO A. RUBIO, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Hudak, Brian) (Entered: 04/11/2025)

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2 Text of Proposed Order

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REPLY to opposition to motion re 19 Motion for Summary Judgment, 32 Motion for Summary Judgment, Consolidated Opposition to Cross-Motion for Summary Judgment filed by JUDY ANSLEY, JOSEPH L. FALK, KERRY KENNEDY, GEORGE E. MOOSE, JOHN J. SULLIVAN, MARY SWIG, UNITED STATES INSTITUTE OF PEACE, NANCY ZIRKIN. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Text of Proposed Order)(Goldfarb, Andrew) (Entered: 04/18/2025)

1 Statement of Facts

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2 Declaration

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Text of Proposed Order

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