UNITED STATES INSTITUTE OF PEACE et al v. JACKSON et al
| District Of Columbia District Court | |
| Judge: | Beryl A Howell |
| Case #: | 1:25-cv-00804 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:0706 Judicial Review of Agency Actions |
| Case Filed: | Mar 18, 2025 |
| Last checked: Wednesday Mar 19, 2025 1:07 AM EDT |
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Defendant
JACOB ALTIK
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Defendant
JAMES M. BURNHAM
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Defendant
NATE CAVANAUGH
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Defendant
U.S. DOGE SERVICE TEMPORARY ORGANIZATION
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Defendant
PETER A GARVIN
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Defendant
AMY GLEASON
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Defendant
PETER B. HEGSETH
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Defendant
KENNETH JACKSON
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Defendant
U.S. DOGE SERVICE
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Defendant
MARCO A. RUBIO
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Plaintiff
JOHN J. SULLIVAN
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Represented By
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Plaintiff
MARY SWIG
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Represented By
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Plaintiff
KERRY KENNEDY
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Represented By
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Plaintiff
JOSEPH L FALK
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Represented By
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Plaintiff
UNITED STATES INSTITUTE OF PEACE
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Represented By
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Plaintiff
JUDY ANSLEY
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Represented By
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| Docket last updated: 7 hours ago |
| Monday, March 24, 2025 | ||
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misc
Sealed Document
Mon 03/24 8:16 PM
SEALED DOCUMENT filed by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG(This document is SEALED and only available to authorized persons.)(Goldfarb, Andrew) |
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cmp
Amended Complaint
Mon 03/24 8:05 PM
AMENDED COMPLAINT against All Defendants filed by JOHN J. SULLIVAN, UNITED STATES INSTITUTE OF PEACE, MARY SWIG, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY.(Goldfarb, Andrew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I - Redline of Amended Complaint,
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Att: 10
Summons
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| Friday, March 21, 2025 | ||
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utility
Set/Reset Deadlines
Fri 03/21 10:11 AM
Set/Reset Deadlines: Amended Pleadings due by 3/24/2025. Summary Judgment Motion due by 4/4/2025. Defendants Cross Dispositive Motion And Opposition To Plaintiff's Motion due by 4/11/2025. Plaintiffs Opposition to Defendant's Cross-Motion And Reply In Support OF Their Motion due by 4/18/2025. Defendants Reply In Support Of Their Cross-Motion due by 4/25/2025. (mac) |
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notice
Notice of QC **DO NOT USE- FOR REPORTING PURPOSES ONLY.**
Fri 03/21 10:42 AM
NOTICE OF ERROR re11 Motion for Order; emailed to bjernigan@zuckerman.com, cc'd 17 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. Signature on Filing Must Match PACER Account (mg, ) |
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| Thursday, March 20, 2025 | ||
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motion
Motion For Order
Thu 03/20 1:53 PM
Joint MOTION for Order Setting Expedited Briefing Schedule by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG.(Jernigan, Ben) |
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Att: 1
Text of Proposed Order Proposed Order
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notice
Notice of Appearance
Thu 03/20 11:06 AM
NOTICE of Appearance by Sam Escher on behalf of All Defendants (Escher, Sam) |
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order
Order on Motion for Order
Thu 03/20 2:45 PM
MINUTE ORDER (paperless), upon consideration of the parties'11 Joint Motion for Expedited Briefing ISSUING the following SCHEDULING ORDER: (1) By March 24, 2025, plaintiffs will file any amended complaint (though defendants' obligation to respond is stayed pending further order of the Court); (2) By April 4, 2025, plaintiffs will file their motion for summary judgment; (3) By April 11, 2025, defendants will file any cross-dispositive motion and opposition to plaintiffs' motion; (4) By April 18, 2025, plaintiffs will file their opposition to defendants' cross-motion and reply in support of their motion; (5) By April 25, 2025, defendants will file any reply in support of their cross-motion. Any hearing, if necessary, will be held the week of April 28, 2025. Signed by Judge Beryl A. Howell on March 20, 2025. (lcbah4) |
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| Wednesday, March 19, 2025 | ||
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8
pgs
respm
Memorandum in opposition to motion
Wed 03/19 12:00 PM
Memorandum in opposition to re2 Motion for TRO, filed by AMY GLEASON, JAMES M. BURNHAM, JACOB ALTIK, NATE CAVANAUGH, MARCO RUBIO, PETE HEGSETH, PETER A GARVIN, DONALD J. TRUMP, KENNETH JACKSON, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Hudak, Brian) |
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notice
Notice of Appearance
Wed 03/19 10:39 AM
NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) |
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notice
Notice of Appearance
Wed 03/19 10:33 AM
NOTICE of Appearance by Ben Jernigan on behalf of All Plaintiffs (Jernigan, Ben) |
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service
Electronic Summons Issued as to AUSA,USAG
Wed 03/19 10:26 AM
SUMMONS (13) Issued Electronically as to All Defendants, U.S. Attorney, and U.S. Attorney General. (zjd) |
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Att: 1
Notice and Consent
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order
.Order
Wed 03/19 8:26 AM
STANDING ORDER. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4) |
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notice
Notice of Appearance
Wed 03/19 12:04 AM
NOTICE of Appearance by Alyssa Howard Card on behalf of All Plaintiffs (Card, Alyssa) |
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utility
Case Assigned/Reassigned
Wed 03/19 5:24 AM
Case Assigned to Judge Beryl A. Howell. (zjd) |
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order
.Order
Wed 03/19 9:09 AM
MINUTE ORDER (paperless) DIRECTING the parties to appear for a hearing on plaintiffs'2 Motion for a Temporary Restraining Order on March 19, 2025 at 2:00 PM, in Courtroom 26A- In Person before Judge Beryl A. Howell; DIRECTING defendants to file any written response to plaintiffs' motion by March 19, 2025 at 12:00 PM; and ORDERING plaintiffs to serve defendants with a copy of this Order immediately upon receipt to ensure that counsel for defendants has sufficient notice to appear at the hearing. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4) |
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utility
Set/Reset Deadlines/Hearings
Wed 03/19 9:54 AM
Set/Reset Deadlines/Hearings: Defendants Response To Plaintiff's Motion due no later than 12:00PM on 3/19/2025. Motion Hearing set for 3/19/2025 at 2:00 PM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac) |
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notice
Notice (Other)
Wed 03/19 9:58 AM
NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for March 19, 2025 at 2:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here:[LINK: |
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minutes
Motion Hearing ~Util - Set/Reset Deadlines
Wed 03/19 5:01 PM
Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 3/19/2025 re2 Emergency Motion for Temporary Restraining Order. The Court Heard Oral Arguments From The Parties. For Reasons Stated On The Record, The Court Denies2 Emergency Motion for Temporary Restraining Order and for an Immediate Administrative Stay. The Court Directs The Parties To Meet And Confer and File Either Joint Or Individual Expedited Briefing Schedule due no later than 2:00PM On March 20, 2025. (Court Reporter LISA EDWARDS.) (mac) |
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order
.Order
Wed 03/19 6:40 PM
MINUTE ORDER (paperless) DENYING plaintiffs'2 Motion for a Temporary Restraining Order ("Pls.' Mot."). Plaintiffs did not make the sufficient showings of likelihood of success on the merits and likelihood of suffering irreparable harm to warrant issuance of the extraordinary relief of a temporary restraining order ("TRO"). See Ramirez v. Collier , 595 U.S. 411, 421 (2022) (describing the four factors necessary for granting a preliminary injunction or TRO). Regarding likelihood of success on the merits, the unique position of the U.S. Institute of Peace, as a Congressionally established independent nonprofit corporation, makes it too difficult to determine on the present record whether the President's removal of the Board members and the remaining three ex officio members' appointment of a new Institute President was lawful and thus whether DOGE's intrusion on the property was permitted. On the one hand, the Institute is statutorily described as "an independent nonprofit corporation" and charitable organization, 22 U.S.C. § 4603(b), and its employees are expressly "not considered officers and employees of the Federal Government," except for certain purposes, id. § 4606(f)(1). On the other, the Institute's leadership is appointed by the President and confirmed by the Senate, id. § 4605(b)(4); the Board has two Cabinet members sitting ex officio , id. § 4605(b)(1)-(2); and the Institute itself admits it is subject to FOIA, see FOIA, UNITED STATES INSTITUTE FOR PEACE, https://www.usip.org/freedom-information-act-foia, which applies to executive branch entities. In addition, as defendants point out, the Institute has grant-making authority with public funds, id. §§ 4603(c), 4604(b)(1), (d), 4606(b); is tasked with making reports to Congress, id. § 4604(c)(3); and may obtain services from the General Services Administration, id. § 4604(o). Moreover, plaintiffs' counsel seemed to concede, by invoking Humphrey's Executor , 295 U.S. 602 (1935) (involving statutory removal protections for executive branch agencies with quasi-legislative and quasi-judicial functions), that the Institute is an executive branch entity. Notwithstanding that the Presidents' removal of the five plaintiff Board members violated the applicable statutory removal provisions, 22 U.S.C. § 4605(f), depending on the precise nature of the Institute, some of those removal provisions, namely id. § 4605(f)(3), may be constitutionally suspect under Myers v. United States , 272 U.S. 52 (1926), for reserving a role for Congress in the removal process. See Morrison v. Olson , 487 U.S. 654, 686 (1988) (describing that takeaway from Myers ). Upon further consideration, the Institute may be deemed to sit outside of the executive branch, or the removal protections may be deemed appropriately enforceable within the Supreme Court's jurisprudence, but plaintiffs did not demonstrate as much in this expedited posture. See generally , Pls.' Mot. (not addressing Myers or Humphrey's Executor ). Plaintiffs also did not demonstrate irreparable harm because their alleged harm was dependent on their success on the merits. Plaintiffs cited as their irreparable harm their inability to carry out their statutory functions and the harm to the Institute based on defendants' intent to reduce it to the "statutory minimums" and defendants' alleged destruction of the Institute's property. Compl. 1 ¶¶ 59-65. Those harms, however, are dependent on plaintiffs' success on the merits. Plaintiffs' counsel can only represent the Institute--and thus properly assert the harms of the Institute--to the extent that plaintiff Board members and former President of the Institute, George Moose, were wrongfully removed. Plaintiffs likewise only suffer harm in their official capacities--the capacities in which they pled, Compl. ¶¶ 7-11--if they must lawfully remain members of the Board. While the allegations of records and property destruction, see e.g. , Pls.' Mot. at 3, and defendants' threatening and aggressive confrontation, involving the deployment of law enforcement officers from three different agencies, in interactions with employees at the U.S. Institute of Peace are deeply troubling, the extraordinary relief of the TRO is not warranted at this time. The parties are DIRECTED to jointly propose a schedule for summary judgment briefing by March 20, 2025 at 2:00 PM. Signed by Judge Beryl A. Howell on March 19, 2025. (lcbah4) |
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| Tuesday, March 18, 2025 | ||
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notice
Notice of Appearance
Tue 03/18 11:55 PM
NOTICE of Appearance by Andrew Nathan Goldfarb on behalf of All Plaintiffs (Goldfarb, Andrew) |
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motion
Temporary Restraining Order
Tue 03/18 11:52 PM
Emergency MOTION for Temporary Restraining Order and for an Immediate Administrative Stay by UNITED STATES INSTITUTE OF PEACE, JOHN J. SULLIVAN, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY, MARY SWIG.(Goldfarb, Andrew) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Text of Proposed Order
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26
pgs
cmp
Complaint
Tue 03/18 11:47 PM
COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11551408) filed by JOHN J. SULLIVAN, UNITED STATES INSTITUTE OF PEACE, MARY SWIG, JUDY ANSLEY, JOSEPH L FALK, KERRY KENNEDY.(Goldfarb, Andrew) |
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Att: 1
Civil Cover Sheet,
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Exhibit,
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Exhibit,
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Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit,
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Att: 10
Summons,
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Att: 11
Summons,
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Att: 12
Summons,
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Att: 13
Summons,
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Att: 14
Summons,
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Att: 15
Summons,
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Summons,
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Att: 17
Summons,
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Summons,
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Att: 19
Summons,
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Att: 20
Summons,
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Att: 21
Summons,
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Att: 22
Summons
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