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The federal appeals court in Washington maintained a blockade on President Trump’s attempt to fire the CEO of the Inter-American Foundation, ruling Thursday that the president likely acted beyond his powers.
In a 2-1 ruling, the U.S. Circuit Court of Appeals for the District of Columbia sided with Sara Aviel, the agency’s head, saying she rightfully remains the CEO.
Mr. Trump sought to boot Ms. Aviel and, for good measure, ousted the board of the IAF and installed his own man to the board to carry out the firing.
But Judges Cornelia Pillard and Gregory Katsas said Mr. Trump himself lacked the power to do the firing — under the law, only Congress can do it — and Pete Marocco, Mr. Trump man, was not properly installed as a board member, so he couldn’t do the firing.
“It is unlikely that either the President or Marocco permissibly removed Aviel,” the judges wrote.
The IAF, an independent agency that doles out grants to nongovernmental organizations in the Western Hemisphere, has been a particular target for Mr. Trump.
The ruling marks a significant defeat for the president and his firing powers, which are undergoing a major test in the courts.
The D.C. Circuit has been aggressive in reeling in Mr. Trump on firings, though the Supreme Court has been largely permissive to the president.
A district judge had previously ruled against Mr. Trump on the firing. The government has appealed and asked that lower ruling to be stayed while the case proceeds.
Thursday’s decision was a rejection of that stay request.
The case remains alive.