A federal judge expressed frustration on Tuesday that the Trump administration seems to be disregarding his two-week-old order to release billions of dollars for foreign assistance grants and contracts. This prompted him to set a short deadline for the State Department to start disbursing funds and clarify its reluctance.
The Judge's Concerns and Demands
During a telephone hearing, U.S. District Judge Amir Ali grew impatient with the administration's lawyers for not providing clear responses to claims from aid contractors who reported no payments from the State Department or U.S. Agency for International Development since Ali's emergency order on Feb. 13.
Justice Department attorney Indraneel Sur repeatedly evaded a direct answer about whether the Trump administration had released any funds following the judge's previous order, leading Ali to express exasperation.
Ali was puzzled by the government's stance when Sur suggested that payments were being delayed or canceled based on individual contract terms. The judge emphasized the clarity of his orders and expressed his lack of understanding regarding any confusion.
Secretary of State Marco Rubio's decision to pause $15.9 billion in foreign assistance grants, issued five days after the restraining order, raised additional concerns for Ali. He highlighted that this action was previously deemed likely arbitrary and capricious.
The Ruling and Deadline
Ali, appointed by President Joe Biden, terminated the blanket freeze earlier this month after warnings from grant recipients and foreign assistance organizations about severe consequences. He stated that the State Department's freeze, executed by Trump appointee Peter Marocco overseeing USAID's operations, likely violated the law.
The judge ordered the State Department to pay all aid contractors who completed work before his order by midnight Wednesday. Additionally, he demanded that the government submit to the court any directives or guidance related to his order or the suspension/termination of aid agreements.
Officials with relevant knowledge of ongoing disputes about compliance with the court's order must be identified by both parties and shared with the judge by Wednesday.
Future Implications
While Ali has the authority to summon officials like Rubio to court or hold them in contempt, he refrained from such actions on Tuesday. However, he reiterated the importance of cooperation and transparency from both sides.
This ruling signifies another confrontation between the nascent Trump administration and the federal judiciary, which has impeded or halted numerous key policy initiatives of President Donald Trump via executive orders.
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