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High-stakes showdown is brewing between a federal judge and Trump officials at USAID

ADRIAN FLORIDO, HOST:

A high-stakes showdown is brewing between a federal judge and Trump administration officials at the United States Agency for International Development. At issue, the Trump administration's shut-off of federal funding to thousands of organizations that do aid and other work around the globe. A judge has twice ordered USAID to restart millions of dollars in payments, but for the past week, the Trump administration has not complied. NPR's Frank Langfitt joins us now with more. Hey, Frank.

FRANK LANGFITT, BYLINE: Hey, Adrian.

FLORIDO: Dozens of lawsuits, Frank, have been filed against the Trump administration over its efforts to gut federal agencies. Why does this case stand out?

LANGFITT: You know, Adrian, there are a couple of reasons. One is, as people will remember, USAID was the first agency that the Trump administration targeted. And the other thing is, this is the case that is among the farthest along in the courts in what could be a face-off between the U.S. government's executive and judicial branch - what we often refer to as a constitutional crisis.

FLORIDO: So explain what the dispute in this case is.

LANGFITT: It's actually pretty simple. The - you know, Trump sent officials into USAID, and they shut off funding to these thousands of aid organizations around the world that you were mentioning.

FLORIDO: Right.

LANGFITT: Now, some of these organizations - they sued, saying this was causing irreparable harm to them, and the judge agreed and ordered USAID to start paying again.

FLORIDO: And it sounds like the government is refusing to do that?

LANGFITT: It has so far. It hasn't - this has been about a week or so, and it still hasn't. The government says, Adrian, that it's got this right to review and cancel grants and contracts based on the terms of the contracts, and USAID says it's doing that now on a case-by-case basis. Now, the judge says, yeah, that's true, but he's ordered USAID, as you said, to keep paying these organizations the money they're actually owed while the case plays out in court.

And earlier this week, USAID said it had already canceled nearly 500 contracts. Now, some of that was because they focused on diversity, equity and inclusion, others because they promoted sustainability and combated climate change. Now, USAID says they haven't killed, you know, all the foreign contracts. They say they spared about 20. They're worth about $250 million, but, Adrian, that is a tiny fraction of what the agency actually spends every year.

FLORIDO: Yeah.

LANGFITT: On an annual basis, it's about $40 billion in about 130 countries.

FLORIDO: Based on everything that you've just been describing, I mean, it sounds like this is a standoff between federal judge and Trump officials. You know, where is this case heading?

LANGFITT: Well, here's where it is right now. I mean, the plaintiffs have asked the judge to find USAID and the State Department in contempt of court. And that would be a big deal, effectively saying the Trump administration is ignoring a federal court order and pitting the administration against the court.

The judge has not done that yet, but if you read his orders, you can see that he's losing patience with the government. I'll give you an example. He wrote that his order, quote, "does not permit defendants to simply continue their blanket suspension of congressionally appropriated foreign aid," which, Adrian, is judge speak for, stop ignoring my order.

FLORIDO: Yeah. Frank, this is going on in a court just over a mile away from our studios, just up the street here. How is this funding shutdown, though, playing out around the globe?

LANGFITT: It's profound. I mean, I was talking to a guy, a member of a banned Cambodian political party, and he has to vacate a safehouse with his family because USAID is no longer funding that safehouse, and he's afraid that he's going to get picked up, policed (ph) and sent to prison. He's one of 35 people who've had to leave. Another example, an investigative journalism group - they look at transnational corruption. They've had to lay off a quarter of their reporters and support staff. And...

FLORIDO: Wow.

LANGFITT: ...Here in D.C., Freedom House - they do annual surveys of political freedom around the world. They're laying off 76 people, and that's slated for April.

FLORIDO: So, Frank, what's next in this case?

LANGFITT: Well, the judge has told the government and plaintiff they need to meet by next Wednesday to discuss the government's compliance with paying, and it looks like a pressure tactic by the judge. And if the government continues to dig in its heels, I'm pretty sure the plaintiffs will keep pressing for a contempt of court order. And somewhere along the line here, Adrian, something's got to give.

FLORIDO: Yeah. That's NPR's Frank Langfitt. Thanks for your reporting.

LANGFITT: Good to talk, Adrian. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Frank Langfitt
Frank Langfitt is NPR's Global Democracy correspondent based on the Investigations desk in Washington, D.C. He covers threats to democracy at home and abroad. Please send tips to Frank Langfitt on Signal or Telegram.