A federal judge ruled on April 29 that the U.S. Agency for Global Media (USAGM) must disburse the funding appropriated by Congress to the nonprofit news organization Radio Free Europe/Radio Liberty.
Lamberth said the plaintiff had shown it would suffer irreparable harm absent a restraining order, noting that USAGM’s actions to terminate the grants agreement “threaten the very existence” of the group.
The judge also stated that Radio Free Europe is likely to succeed on the merits of its claim that USAGM had violated the Administrative Procedure Act by terminating the grants agreement.
Lamberth said the Trump administration must seek congressional approval to take such action, noting that it “has no residual constitutional power to refuse” to spend appropriations by Congress.
“It is, after all, Congress that makes the laws in this country. In this case, for example, it was Congress who ordained that the monies at issue should be allocated to RFE/RL,” Lamberth stated, referring to the acronym for Radio Free Europe.
The judge also determined that USAGM’s decision to change the grant agreement after the start of the fiscal year was “arbitrary and capricious.”
According to the court order, USAGM presented “a radically different grant agreement” in mid-April, leaving little time for a meaningful negotiation as Radio Free Europe was running out of funding.
“If our nation is to thrive for another 250 years, each co-equal branch of government must be willing to courageously exert the authority entrusted to it by our Founders,” Lamberth stated.
The cutbacks affect the organizations and agencies under its umbrella, including Voice of America (VOA); the Office of Cuba Broadcasting; Radio Free Europe/Radio Liberty, and other organizations such as Radio Free Asia, and the Middle East Broadcasting Networks.
The organization filed a lawsuit against USAGM on March 18 and subsequently sought a temporary restraining order to block the funding cancellation.
Stephen Capus, president and CEO of Radio Free Europe/Radio Liberty, welcomed the ruling and said that they hope to receive the funding quickly. Capus said the group had to furlough staff and scale back some of its programming due to the funding cut.
The Epoch Times reached out to USAGM for comment but did not receive a response by publication time.