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New Preliminary Injunction Issued in Foreign Assistance Lawsuit Is a Victory for Rule of Law

WASHINGTON, D.C. — Last night, a federal district court in Washington, DC, granted a motion for preliminary injunction in a lawsuit brought by AIDS Vaccine Advocacy Coalition (AVAC), the Journalism Development Network (JDN), and the Center for Victims of Torture (CVT) to challenge the government’s refusal to spend billions of dollars in foreign assistance funding appropriated by Congress. The court’s order directs the government to spend the appropriated funds, consistent with the purposes specified by Congress. Rejecting the Administration’s argument that it could withhold obligation of more than $4 billion in foreign assistance via a “pocket rescission,” the court held that pocket rescission does not relieve the Executive of the obligation to spend appropriations.

Lauren Bateman, attorney with Public Citizen Litigation Group and lead counsel on this case, issued the following statement in response:

“The order emphatically rejects the Trump Administration’s argument that following appropriations laws is optional. ‘Pocket rescissions’ are illegal, and the Court’s rejection of the President’s attempt to unilaterally impound billions of dollars of foreign assistance funds is a critical victory for the rule of law.”

More information about the case is available here.