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Jack Davis


NextImg:Chief Justice Roberts Steps In, Temporarily Blocks Lower Judge's Order for Trump Admin to Reinstate Foreign Aid

Agencies living off American foreign aid that went to court to kick loose taxpayer dollars are going to have to wait a little longer to get their hands on about $2 billion in federal funding that a federal judge said had to be paid by Wednesday.

As noted by Reuters, the Trump administration has slashed 90 percent of the agreements through the U.S. Agency for International Development and about $58 billion overall in foreign aid.

Agencies wanting money had taken the lawsuit route and found a sympathetic ear in U.S. District Court Judge Amir Ali, an appointee of former President Joe Biden, who ordered payments to be made by midnight on Wednesday.

However, before the cash went out the door, Chief Justice John Roberts of the U.S. Supreme Court temporarily paused the lower court’s edict, according to The Hill.

Roberts acted after acting Solicitor General Sarah Harris filed an emergency motion.

Roberts gave the agencies that sued until midday on Friday to file their side of the story. He could decide on his own what comes next or give the matter to the full court for review.

According to the Trump administration’s argument, the order from Ali to pay out billions “has thrown what should be an orderly review by the government into chaos.”

“The order does not limit its abrupt deadline to respondents’ own invoices or letters of credit, instead apparently compelling the government to pay requests from any organization that has asked for such funds,” Harris wrote.

“The timing of the order does not allow the government to conduct payment-integrity review to ensure that payments are made only for obligations that are legitimate or supported by necessary documentation — much less deny improper payments.”

Harris said the far-reaching decision exceeded the judge’s powers

The ruling “effectively allows a single federal district court to supervise the federal government’s contracting decisions regarding foreign aid—an area where the Executive Branch ordinarily has the broadest discretion,” she wrote.

“This new order requiring payment of enormous sums of foreign-assistance money in less than 36 hours intrudes on the prerogatives of the Executive Branch. The President’s power is at its apex — and the power of the judiciary is at its nadir — in matters of foreign affairs.”

Related:
Wife of Federal Judge Who Threw a Wrench in Trump's Agenda Has a Curious Connection to USAID: Report

In a separate document, Peter Marocco, director of foreign assistance at the State Department, said the order to pay out claims comes amid an “individualized review” of contracts and grants and said the “cumbersome, multi-step process” cannot be rushed.

It would take “multiple weeks” to approve and make the payments Ali has ordered.

“Restarting funding related to terminated or suspended agreements is not as simple as turning on a switch or faucet,” Morocco wrote.

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