Yesterday a federal appellate court handed down an extraordinary order – extraordinary for two reasons. First, the court acted on a Saturday, not normally a working day. Second, the court said the lower, or trial, court made an elementary, indeed a rookie, mistake. The appeals court held that the trial judge exceeded his jurisdiction in the matter before him – yet another matter involving the Trump administration. The reasoning behind their ruling could well apply to many more cases involving President Donald Trump’s authority to act.
The matter at hand in the jurisdiction dispute
Actually the U.S. Court of Appeals for the District of Columbia Circuit ruled on four appeals before it. All these cases arise out of decisions by the U.S. Agency for Global Media, in response to an executive order by President Trump. That order called for eliminating, “to the maximum extent consistent with applicable law,” any non-statutory components and functions of certain agencies. It also called for reducing the statutory functions to “the minimum presence and function required by law.” Executive Order 14238, “Continuing the Reduction of the Federal Bureaucracy.” This order affected seven named agencies, among them: the U.S. Agency for Global Media (USAGM). Kari Lake, former gubernatorial candidate in Arizona, serves as Senior Adviser to the Acting CEO of USAGM.
USAGM controls six different media organs, including
Voice of America (VOA),
Middle East Broadcasting Networks (MEBN),
Reporters Without Borders (abbreviated RSF for the French form Rapporteurs sans frontières),
Radio Free Asia (RFA),
Open Technology Fund (OTF), and
Radio Free Europe/Radio Liberty (RFE/RL), two networks in tandem addressing former members of the Warsaw Pact.
VOA is strictly a government agency, but the other five are private agencies that operate on grants from USAGM.
In response to EO 14238, USAGM:
Placed over 1000 employees on administrative leave,
Terminated 600 “personal service” contracts,
Terminated the grant agreements for MEBN and RFA, and
Shut down VOA completely.
USAGM took similar action against RFE/RL and OTF, but their lawsuits are at different stages.
What the various courts have done
On March 21, Reporter Patsy Widakuswara, six other reporters, RSF, and four unions sued to get their jobs back. Widakuswara v. Lake, case 1:25-cv-01015-RCL. They at first filed in the Southern District of New York. On April 4, on the government’s motion, the case was transferred to the District of Columbia court. On April 22, Judge Royce C. Lamberth of that court issued a preliminary injunction ordering the government to:
Re-hire all employees on administrative leave and reinstate all personal-service contracts,
Restore the RFA and MEBN grants, and
Switch VOA back on.
In his Memorandum Opinion, Judge Lamberth asserted that he had jurisdiction and that the plaintiffs had standing. Specifically Judge Lamberth rejected an argument that the Trump administration advanced, that the court lacked jurisdiction according to an “intervening” case on point. Department of Education v. California, 145 S. Ct. 966 (2025).
The government appealed the injunction almost immediately to the D.C. Circuit Court of Appeals. Patsy Widakuswara v. Kari Lake, 25-5144. Specifically they appealed the first two parts of the injunction, disputing Judge Lamberth’s assertion of jurisdiction.
As is almost routine, the appellate court issued an administrative stay on Thursday (May 1). Two days later they followed that up with a stay pending appeal – meaning a stay until further notice. The panel, consisting of Judges Gregory Katsas, Neomi Rao, and Cornelia Pillard, voted 2-1 to issue the stay. Judges Katsas and Rao are Trump appointees; Judge Pillard is an Obama appointee.
Lack of subject matter jurisdiction
The panel issued their order per curiam, meaning without signatures, and attached a statement under that same condition. Judge Cornelia Pillard dissented from the unsigned statement in nearly every particular.
In their statement, Judges Katsas and Rao thumped Judge Lamberth for asserting a jurisdiction that, they say, he lacks. Article III District Courts have no jurisdiction over:
Personnel actions – hiring, firing, and entering into or terminating contracts, nor:
Grants and grant revocations.
Judge Lamberth asserted jurisdiction over the personnel actions because he accepted plaintiffs’ arguments that the Trump administration was engaging in “wholesale dismantling” of VOA and USAGM, and that such dismantling was in violation of statute. The panel reminded him that the Administrative Procedure Act does not grant jurisdiction in such cases. As to the grants, the Tucker Act provides that the Court of Federal Claims is the only forum for handling of grant disputes.
Furthermore, contrary to Judge Lamberth’s assertions, the panel found that Department of Education v. California does indeed apply.
Judge Padilla bases her entire dissent on the avowal by Lake that VOA is “irretrievably broken” and produces “radical propaganda.” Apparently the judge feels that VOA has an absolute right to produce whatever content it wishes, and that Presidents may not gainsay it. Given that VOA is a direct agency of the government itself, that assertion strains credulity.
An outside expert
Margot Cleveland, senior legal correspondent for The Federalist and counsel for the New Civil Liberties Alliance, also weighed in. She dropped a fourteen-post thread on X in full support of the appellate court’s stay and supporting statement.
🚨🚨🚨BREAKING: HUGE win from Trump Administration and D.C. Circuit enters stay of lower court injunction. Lower court barred Trump Administration from managing Voice of America. D.C. Circuit stayed decision allowing Trump to move forward w/ firings/grant terminations.
Full order. Thoughts follow.
https://x.com/ProfMJCleveland/status/1918726388271423522
https://x.com/ProfMJCleveland/status/1918726517896425725
Court of Appeals decision is based on fundamental issue of "jurisdiction." This conclusion should have wide-spread ramifications because many of challenges to Trump Administration are about employment decisions which CONGRESS said are NOT for district courts to decide.
https://x.com/ProfMJCleveland/status/1918726946822803638
https://x.com/ProfMJCleveland/status/1918727511464104404
The Court of Appeals decision is also significant because it addresses the "wholesale" "dismantling" argument being presented in several cases (such as USAID cases). The Administrative Procedures Act is NOT for such claims either & Congress did not waive such immunity! Additionally, Court of Appeals held that district court lacked jurisdiction to restore grants because Congress gave that authority to Court of Claims.
https://x.com/ProfMJCleveland/status/1918728045579391038
https://x.com/ProfMJCleveland/status/1918728443170115984
Court of Appeals also notes how SCOTUS decision compels that result...which it DOES and yet district court ignored SCOTUS. Decision stressed why claims about grants must got to Court of Claims.
https://x.com/ProfMJCleveland/status/1918728737392038258
https://x.com/ProfMJCleveland/status/1918729207523193043
Court of Appeals adds that Plaintiffs can't avoid Court of Claims by framing as non-APA claims. Court of Appeals again highlights that with no bond the harm to government is irreparable. Also noted that Voice of America isn't being shuttered.
https://x.com/ProfMJCleveland/status/1918729730225824112
https://x.com/ProfMJCleveland/status/1918730062452433101
Court of Appeals also notes Judiciary Branch must follow the law too!
In sum, this opinion is a HUGE win for Trump because it establishes 3 key principles that apply to many of the other cases being brought against Trump Administration: a) no jurisdiction over firings; b) no jurisdiction over grant terminations;…
https://x.com/ProfMJCleveland/status/1918730276907155522
https://x.com/ProfMJCleveland/status/1918730625579622660
… and c) you can't get around Congress limiting district court jurisdiction by creative pleading of claims under other theories; d) with no bond harm to government will outweigh other harm; e) public has interest in Article III obey Article I.
Final thought: It is next to impossible to reconcile opinion here with same panels refusal to clarify stay in other case involving USAID and grants from legal perspective. Practically: Judge Katsas in other case figured decision on merits would be soon enough so no harm.
https://x.com/ProfMJCleveland/status/1918730900256240038
https://x.com/ProfMJCleveland/status/1918731234437394472
With regard to that last thought: part of winning an injunction, or a stay, is a showing of irreparable harm absent either injunction or stay. In the USAID case, Judge Katsas thought a decision on the merits would be forthcoming soon enough to avoid harm.
Kari Lake was understandably pleased with the appeals court decision.
BIG WIN in our legal cases at USAGM & Voice of America. Huge victory for President Trump and Article II. Turns out the District Court judge will not be able to manage the agency as he seemed to want to.
https://x.com/KariLake/status/1918745448640057454
Specifically, USAGM need not rehire the same people Kari Lake fired from VOA, nor restore the RFA and MEBN grants. If VOA must continue, then it will continue with a different cadre running it.
In general, this is the first time in history that courts have tried to tell a President with what voice he and his subordinates must speak. It is also the first time that trial courts have made such elementary reversible errors. “Lack of subject matter jurisdiction” is the quickest way to get a court to throw out a case. The Federal Rules of Civil Procedure make that abundantly clear. Any judge who tries to set that aside is not fit to sit as a judge. Whether by reason of incompetence or bias, the conclusion is the same.
Prof. Cleveland is right about another thing: this case will affect other such cases. After all, Article III gives Congress full authority to decide jurisdiction.
Link to:
The article:
https://cnav.news/2025/05/04/news/jurisdiction-courts-exceeding/
Video:

EO 14238:
Court dockets and documents:
Trial level:
Docket:
https://www.courtlistener.com/docket/69846584/widakuswara-v-lake/
Complaint:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.279211/gov.uscourts.dcd.279211.1.0.pdf
Memorandum Opinion:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.279211/gov.uscourts.dcd.279211.98.0_1.pdf
Preliminary Injunction:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.279211/gov.uscourts.dcd.279211.99.0.pdf
Dept. of Ed. v. California order:
https://www.supremecourt.gov/opinions/24pdf/24a910_f2bh.pdf
Appellate level:
Docket:
https://www.courtlistener.com/docket/69940505/patsy-widakuswara-v-kari-lake/
Administrative Stay:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.279211/gov.uscourts.dcd.279211.107.0.pdf
Stay pending appeal:
Margot Cleveland’s thread:
https://x.com/ProfMJCleveland/status/1918726388271423522
https://x.com/ProfMJCleveland/status/1918726517896425725
https://x.com/ProfMJCleveland/status/1918726946822803638
https://x.com/ProfMJCleveland/status/1918727511464104404
https://x.com/ProfMJCleveland/status/1918728045579391038
https://x.com/ProfMJCleveland/status/1918728443170115984
https://x.com/ProfMJCleveland/status/1918728737392038258
https://x.com/ProfMJCleveland/status/1918729207523193043
https://x.com/ProfMJCleveland/status/1918729730225824112
https://x.com/ProfMJCleveland/status/1918730062452433101
https://x.com/ProfMJCleveland/status/1918730276907155522
https://x.com/ProfMJCleveland/status/1918730625579622660
https://x.com/ProfMJCleveland/status/1918730900256240038
Kari Lake’s reaction:
https://x.com/KariLake/status/1918745448640057454
Declarations of Truth:
Declarations of Truth Locals Community:
https://declarationsoftruth.locals.com/
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