The National Endowment for Democracy (NED) has also filed suit in DC District Court against the Trump administration for freezing funds Congress has already appropriated specifically for NED. The lawsuit states that the government has wrongfully denied NED access to $167 million in obligated funds and is refusing to release an additional $72 million already appropriated by Congress. This case addresses the fundamental question about who controls congressionally appropriated funds.
NED was established by Congress in 1983. The NED Act created this organization as a private foundation specifically designed to receive federal funds through direct congressional appropriation. The National Democratic Institute (NDI) and the International Republican Institute (IRI) receive the majority of their funding through NED. This structure is different from typical NGOs, which generally receive funding at the discretion of federal agencies. The law requires NED’s funding to be transferred as a grant through the Department of State leaving little room for executive discretion.
Keep an eye on this lawsuit as it will give an indication of how other lawsuits related to the foreign aid freeze will be considered by the Supreme Court.
Read NED’s press release here.
Read more details on the lawsuit here.
