A Federal Court of Appeals on Tuesday rejected the offer of the Trump administration to stop the order of a lower Court that temporarily arrested a mass freezing in federal funds.
A Rhode Island judge blocked the freezing of funds on Monday and ordered the government to “restore frozen financing.”
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In his ruling on Tuesday, a panel of three judges from the First Court of Appeals of the United States Circuit wrote that “the defendants do not cite any authority in support of their administrative stay application or identify any damage related to an action of Specific financing or actions that will make it face without your requested administrative stay. “
The Department of Justice had sought two different types of pauses of the restriction order of the United States District Judge John J. McConnell, which prohibits the Government The order. The lawyers of the Department of Justice argued in part that the order of McConnell was vague, but the Court of Appeals suggested that they should be patients.
“We are sure that the District Court will act with shipping to provide any necessary clarification with respect to, among other things, the affirmation of the accused that the order of February 10 ‘prohibits both the president and much of the Federal Government to exercise its own legal authorities to retain funds without the prior approval of the District Court ‘, “the Court of Appeals wrote on Tuesday.
He said that both parties should submit more arguments on the government’s request for a stay pending a complete appeal for Thursday. The Administration has asked the Court of Appeals to govern the request for a complete stay before Friday.
“These illegal mandates are a continuation of the weapons of justice against President Trump. The White House will continue fighting these battles in court, and we hope to be claimed, “said White House Secretary Karoline Leavitt, in a statement.
The Department of Justice did not immediately respond to a request for comments.
The legal challenge was presented by a coalition of 22 states following chaos and confusion throughout the country last month caused by a broad office of administration and budgetary memorandum intended to implement some of the executive orders of President Donald Trump.
The memorandum ordered federal agencies that “temporarily pause all activities related to the obligation or disbursement of all federal financial assistance and other activities of relevant agencies that may be involved by executive orders” on issues such as foreign aid and programs of diversity, equity and inclusion. Then he was terminated, but Leavitt said the same day that the freezing of underlying funds was still in force.
Judge McConnell granted the request of the states of a temporary restriction order on January 31 in a decision of finding the states “is likely to be successful in the merits of some, if not all, their statements” that freezing that freezing of the financing exceeded the powers of the president.
“The Federal Law specifies how the Executive should act if he believes that the assignments are inconsistent with the president’s priorities, he must ask Congress, not act unilaterally,” he wrote.
Later, the states argued that some of the funds were still frozen, which led McConnell to issue an order on Monday that directed the government to fulfill its order. He also rejected the government statement that his order was vague.
McConnell wrote that the order that raised the freezing had been “clear and unequivocal” and that the states had “presented evidence in this motion that the defendants in some cases have continued to incorrect federal funds incorrectly and refused to resume the disbursement of the appropriate federal funds. “
The “pauses in financing violate the flat text” of the order, wrote, directing that the funds will be restored immediately.
It was the first time since the second inauguration of Trump that a federal judge accused his administration of challenging a court order, and occurs when his administration has affected numerous obstacles that promulgate parts of his agenda due to legal challenges.
Vice President JD Vance wrote on social networks during the weekend: “Judges cannot control the legitimate power of the Executive.”
Billionaire Elon Musk, whom Trump appointed as head of his government efficiency advice department, also complained about the judges who have been blocking their access to some federal agencies. He suggested that some of these orders could be due to being challenged, a position with which some frustrated employees in the White House agree.
Trump, who has a story of judges who publicly explode that they have governed against him, said Tuesday that he would listen to the courts. “Always match the courts, and then I will have to appeal it,” Trump told journalists in the Oval office.
McConnell is expected to celebrate a hearing on the request of the states of a court order this month.
