4/ Well, well, well, here we have Plaintiffs in case against USAID filing an emergency motion to enforce TRO complaining that Government's status report claims the government is complying with TRO. Why? Well, let's read:
7/ Note Plaintiffs actually cite woman's death caused by greedy NGO who cut off her oxygen as caused by USAID funding. Of course, X readers know truth via @Oilfield_Rando
@Oilfield_Rando 8/ Government's declaration now also explains why Trump Administration took approach it did with freeze & then reinstate: USAID records are so horrible it is impossible to know where money is going.
@Oilfield_Rando 9/ And now my "I told you so" dance:
@Oilfield_Rando 10/ ...and
11/ Trump Administration then explains that it paused or suspended "consistent with the terms and rights of the specific awards or contracts." And USAID & State Dept (not Musk or DOGE) then reviewed & decided to terminate.
12/ And the Stop Work orders? Yup, those were entered consistent with specific contract and grant terms.
13/ Here's more authority under which Trump terminated contracts:
14/ So, the Declaration stresses, we've only done what you allowed us to do. And if it money owed, Plaintiffs can come and tell us.
15/ Now Plaintiffs (folks supposedly cut off from USAID) are furious. They demand Trump Administration be held in contempt because TRO was unambiguous & said you can't freeze/withhold spending.
16/ But as I've been screaming for last week, what TRO really said was "you can't freeze or cut USAIDs funding, unless you can." And this also points out issue w/ TRO in first place: Plaintiffs never showed imminent harm to them b/c they never showed Trump couldn't cut funding.
17/ Plaintiffs need to show some harm to them--and can't. Judge might be inclined to rule against Trump, but Rhode Island judge tried that move and soon after had to walk back his order, conceding, yes, if you can cancel grant you can, well cancel grant.
18/ This THREADETTE walks you through what happened in Rhode Island with language from orders. And it is now happening again here. . . . in other words. . .
🚨🚨🚨Court grants motion to enforce TRO in favor of Plaintiff NGOs who are complaining grants were improperly withheld but reuses to hold Trump Administration in contempt. The order is incomprehensible. 1/
3/ Trump Administration "won": Unions cannot challenge firing decisions in this lawsuit because Congress established a separate agency and mechanism to resolve those disputes & unions must go there first. Notes 75K employees took the "RESIGN" option.
🚨BREAKING: Government files response in opposition to NGOs motion to enforce TRO & hold Trump Administration in contempt. THREAD below explains more about the case & last night's emergency motion for contempt. Read that first (along with sub-thread). 1/
3/ Plaintiffs entire basis of complaint & TRO is the Administrative Procedures Act, but APA requires final agency action & under current precedent, we just don't have one here. Most other courts have totally floated over that issue by quoting various language suggesting there is.
🚨AFL-CIO filed Motion for Expedited Discovery seeking details of inner-workings. However, whether AFL-CIO has a claim rests on legal question & not factual question so watch Trump oppose & file Motion to Dismiss for lack of jurisdiction (no standing). 1/
🚨🚨BREAKING: Doe Plaintiffs (USAID contractors), file termination notice that DESTROYS their legal claims presented in the case below, namely Appointment Clause & Separation of Powers. 1/
2/ Here's link to termination notice: Of relevance, note that the termination notice expressly quotes the authority held to fire these USAID workers & the terms under which they can be fire. And note the name on the letter--it ain't @elonmusk. storage.courtlistener.com/recap/gov.usco…
@elonmusk 3/ But there is no Appointment Clause violation since Musk didn't make decision to fire employees. Nor is there a violation of Separation of Powers since no statute mandates these people have jobs & contracts provide they can be terminated.