Judge denies Minneapolis native’s attempt to block DOGE from targeting his small federal agency

WASHINGTON - A federal judge has denied Minneapolis native Ward Brehm’s attempt to hold off Elon Musk’s so-called Department of Government Efficiency from its attempt to potentially dismantle the U.S. African Development Foundation, a small independent government agency Brehm has headed for more than two decades.

The move comes after Trump administration official Peter Marocco, who oversees foreign assistance at the State Department, along with representatives from Elon Musk’s government efficiency program sought to access the agency’s computer systems but were denied entry to the U.S. African Development Foundation (USADF) offices in Washington, D.C., at the request of Brehm, according to the ruling. Brehm had also been notified by the President’s Personnel Office that he was fired as president and CEO of USADF and that the Personnel Office had sought to appoint Marocco to lead the agency as acting chair.

Brehm in turn filed a temporary restraining order last week to ensure he would not be removed as the head of USADF and to prevent Marocco from being appointed to his role.

“Brehm asks the court to accept his speculative assertions of harm and implement the ‘extraordinary’ relief of a TRO,” U.S. District Judge Richard J. Leon wrote. “Unfortunately, for Brehm, based on the record before me, I cannot find that he satisfies the ‘high standard for irreparable injury.’ ”

Leon further argued that “the court has not found - nor has the government identified - any other statute that provides President Trump’s authority to appoint Marocco as the Acting Chairman of the Board.”

The standoff put Brehm, a Republican, in the spotlight for standing up to the Trump administration’s attempt to reshape — and possibly significantly reduce in size — a small agency that invests in African organizations and enterprises.

DOGE, run by President Donald Trump’s adviser Musk, started taking a look at USADF after Trump issued an executive order that deemed the agency as one of several the White House called “unnecessary” and thus sought to reduce it in size and scope.

For now, it’s not clear whether DOGE will return to USADF. But in his Tuesday ruling, Leon ordered three DOGE representatives to testify under oath.

The White House could not immediately be reached for comment on the judge’s ruling.

Lawyers representing Brehm said that a motion, hearing and preliminary injunction will likely be the next steps in the process.

A government official with knowledge of the ongoing legal case, said that despite Leon’s ruling, Brehm remains the president and CEO of USADF.

“We were, of course, disappointed with the ruling not to enter a temporary restraining order, but we are encouraged by the remaining options presented to us,” Brehm said in a statement.

“It remains my understanding that I have been lawfully appointed to be the President [of] USADF, and we will seek clarification of that fact from the court in the ongoing legal proceedings. In the meantime, I will pursue our options in accordance with the court’s process and applicable laws,” he continued.

Brehm was appointed to lead the foundation in 2004 by then-President George W. Bush. He’s also the founder and chair of the Minnesota-based insurance consulting firm the Brehm Group. In 2008 he was awarded for his work in Africa with the Presidential Citizenship Medal.

Two Minnesota Democrats came to Brehm’s defense.

“This is a reminder that elections have consequences. As a Republican, Mr. Brehm’s firing should come as no surprise to him when Elon Musk, an unelected billionaire, is using hate and fear to usurp control over our country and dismantle crucial agencies,” Rep. Ilhan Omar, who represents Minneapolis and is the chair and co-founder of the U.S. Africa Policy Working Group, said in a statement.

Sen. Amy Klobuchar applauded Brehm’s humanitarian work and questioned the Trump administration’s targeting of him.

“As Chair of the U.S. African Development Foundation, Ward has devoted much of his life to humanitarian work in Africa,” Klobuchar said in a statement. “A conservative Christian first appointed by President Bush, it is hard to understand why the Administration has targeted Ward, who has worked to help the most desperate people in the world access food and shelter.”