Judicial Showdown: Howell Overrides SCOTUS in Defense of Deep-State Holdouts
In a stunning rebuke of Supreme Court precedent, U.S. District Judge Beryl Howell, an Obama appointee, denied President Trump’s constitutional authority to remove entrenched officials at the U.S. Institute of Peace (USIP)—even after the nation’s highest court reaffirmed executive power over federal personnel just 24 hours earlier.
The Supreme Court’s Thursday ruling in favor of Trump’s authority to fire labor board officials sent a clear message:
The President has the power to remove executive officers without cause, barring narrow exceptions.
But Judge Howell isn’t listening.
The Heart of the Dispute: Executive Power vs. Statutory Gamesmanship
Howell claims the USIP “does not exercise executive power” and therefore isn’t subject to the same rules. In her 7-page opinion, she insisted the president must “comply with statute” when removing USIP board members—even if the statute conflicts with the Constitution’s Article II powers.
This directly contradicts the Supreme Court’s ruling, which said:
“The Government faces greater risk of harm from allowing a removed officer to continue exercising the executive power.”
Reinstalling a Clinton-Era Bureaucrat Who Barricaded Himself in the Building
The case erupted earlier this year when President Trump and DOGE (Department of Government Efficiency) fired longtime Clinton-era diplomat George Moose from his post as acting president of USIP. Moose refused to leave, prompting a dramatic standoff at the Institute’s D.C. headquarters that required police intervention.
DOGE’s Kenneth Jackson, who had been appointed to lead the organization, was physically denied entry.
Despite this insubordination, Judge Howell reinstalled Moose, barred DOGE staff from the premises, and blasted federal officials for what she described as “abominable” treatment of her preferred bureaucrats.
“I’m offended on behalf of the American citizens,” Howell said in court—while defending a man who had barricaded himself inside a government building after being lawfully fired.
A Direct Challenge to the Constitution
Chairman James Comer and other House Republicans have warned that rogue judges like Howell are now openly nullifying constitutional norms to protect institutional holdovers from the previous administration.
Legal analysts note that Howell’s distinction between “executive” and “non-executive” institutions may be deliberately misleading, since USIP was created under the executive branch, funded by Congress, and falls under presidential oversight.
“If Howell’s logic holds, any entrenched bureaucrat in a ‘quasi-independent’ agency can now defy the President’s orders,” a senior legal advisor noted.
Bigger Than USIP: The War for Bureaucratic Control
This case is now about more than one agency. It’s about whether elected leadership or unelected appointees run the federal government.
Trump’s Executive Order reducing USIP to its “statutory minimum” was well within his Article II powers. The Supreme Court has now explicitly affirmed this authority.
But Judge Howell’s defiance has set the stage for a constitutional crisis—where activist judges override SCOTUS and shield entrenched partisans from removal.
What Comes Next
The DOJ may appeal Howell’s ruling immediately to the D.C. Circuit, or even seek expedited review by the Supreme Court. Congressional Republicans are also calling for legislation that would clarify and expand presidential removal authority, to prevent future judicial sabotage.
Meanwhile, DOGE is legally blocked from continuing its reform of USIP, and George Moose—a Clinton loyalist—is back in charge.
This is no longer just about a building in D.C.—it’s about whether the President of the United States has the power to lead, or if shadow operatives and radical judges will rule in his place.
