Judge Rules Removal of U.S. Institute of Peace (USIP) Directors Was Illegal
Judge Beryl Howell’s decision today in United States Institute of Peace v. Jackson declares (see NBC News [Ryan J. Reilly] for more on the matter):
[T]he purported removal of members of the Board of Directors of the United States Institute of Peace (“USIP”) duly appointed under 22 U.S.C. § 4605(b)(4), was unlawful, in violation of 22 U.S.C. § 4605(f), ultra vires, and therefore null, void, and without legal effect ….
[P]laintiff Board members who were purportedly terminated remain members of the USIP Board and may be removed by the United States President only pursuant to the terms of 22 U.S.C. § 4605(f) ….
[T]he purported removal of Ambassador George Moose as acting president of the Institute by a resolution adopted by less than a majority of the duly appointed Board of Directors of USIP was invalid, and therefore null, void, and without legal effect ….
[T]he purported appointments of Kenneth Jackson and Nate Cavanaugh to the positions of president of USIP pursuant to resolutions adopted by less than a majority of the duly appointed Board of Directors of USIP were invalid and therefore null, void, and without legal effect ….
Amb. Moose therefore remains president of USIP and may be removed only by a duly constituted Board of Directors, under 22 U.S.C. § 4606 ….
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