Supporters of the U.S. constitutional democracy, international aid, and the rule of law are expected to attend the Brehm v. Marocco hearing in Courtroom 18 on the fate of the US African Development Foundation and rally in support of U.S. African Development Foundation President Ward Brehm against DOGE, OPM, and J6 participant Pete Marocco outside Prettyman Courthouse at 333 Constitution Ave NW.
Rally outside the courthouse begins at 2 pm.
The hearing time has been changed to 3 pm.
The court order:
Pending before the Court is plaintiff’s #7 Motion for an Immediate Administrative Stay and a Temporary Restraining Order. The Court received the motion at 4:52 p.m. Counsel for the defendants have not yet had an opportunity to file a response, and the Court has not had the benefit of a written submission by the defendants. Given the significant statutory and constitutional issues involved, the Court will defer ruling on the motion until after it has received and considered the defendants position. In the interim, the Court will issue a brief administrative stay.
An administrative stay “buys the court time to deliberate”: it “do[es] not typically reflect the courts consideration of the merits,” but instead “reflects a first-blush judgment about the relative consequences” of the case. United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). Administrative stays are common in appellate courts and my Colleagues have recognized their applicability in cases seeking emergency relief. See Order, National Council of Nonprofits, et al. v. Office of Management and Budget, No. 25-cv-605-LLA, ECF No. 13 (D.D.C. filed Jan. 28, 2025) (granting administrative stay); Min. Order, Dellinger v. Bessent, No. 25-cv-385-ABJ (D.D.C. filed Feb. 10, 2025) (granting administrative stay).
Therefore, it is hereby ORDERED that an ADMINISTRATIVE STAY is entered until 5:00 p.m. on March 11, 2025. It is further ORDERED that defendants shall respond to plaintiff’s request for a temporary restraining order by 12:00 p.m. on March 10, and that plaintiff shall file a reply, if any, by 10:00 a.m. on March 11, 2025. The parties shall convene for a hearing on plaintiff’s motion at 2:00 p.m. on March 11, 2024, in Courtroom 18, before Judge Richard J. Leon (In Person).
It is further ORDERED that during the pendency of the stay, defendants are prohibited from taking the following actions:
(1) “[Ward Brehm] may not be removed from his office as President of USADF, or in any way be treated as having been removed, denied or obstructed in accessing any of the benefits or resources of his office, or otherwise be obstructed from his ability to carry out his duties, absent a decision by the lawfully-constituted Board of USADF to remove him from that office,” and
(2) “the [d]efendants may not appoint Pete Marocco or any other person as an acting member of the Board of USADF, may not appoint Pete Marocco or any other person as President of USADF in place of [p]laintiff, or otherwise recognize any other person as a member of the Board of USADF absent Senate confirmation or as President of USADF absent appointment by a lawfully-constituted Board.”
Mot. for TRO [Dkt. #7] at 12. SO ORDERED.
Signed by Judge Richard J. Leon on 3/6/2025.
