The Musk-Trump regime seems set on destroying many parts of the government by firing employees or putting them on administrative leave, and shutting down various agencies, even if doing so breaks the law. Another way they are doing that is by simply cutting off funding to agencies they dislike.
It is illegal for the Trump administration to unilaterally dissolve an agency created by Congress, according to legal scholars, government experts and the congressional research facility.
“For all intents and purposes you are dismantling an agency created by Congress, and that’s a violation of the law,” said Lawrence Gostin, a professor at Georgetown Law. “It can’t stand unchallenged, in my view.”
And while a president has broad discretion to make changes to programs and reduce the workforce, the Impoundment Control Act prevents him from withholding money appropriated by Congress, the experts said.
“If it turns out that the president can eliminate or defund an agency on a whim, then ultimately Congress is stripped of all power over the budget,” said Jessica Riedl, a senior fellow at the Manhattan Institute, a conservative think tank. “That would create a precedent that destroys the separation of powers.”
It will be the courts that decide if and to what extent Trump’s takeover of USAID violated federal law.
Many legal experts in and outside of government believe this was the administration’s plan all along: drag out Trump’s most aggressive and controversial policy decisions in court for so long that by the time any permanent judgment comes down, favorable or not, USAID will be nothing but a memory.
“They don’t seem to care what the statutes say,” said Kevin Owen, an attorney who represents both management and federal workers in employment disputes. “The plan from the employment perspective was to fire them all and make them sue. If the administration loses the court cases, so be it. The damage is done.”