Until the Ongoing Constitutional Crisis is Resolved, the Senate Must Halt All Consideration of Presidential Nominees

February 10, 2025

Until the Ongoing Constitutional Crisis is Resolved, the Senate Must Halt All Consideration of Presidential Nominees

Washington, DC – In light of Elon Musk’s illegal and unconstitutional efforts to dismantle the U.S. Agency for International Development (USAID) by fiat, Foreign Policy for America calls on Senators to oppose all further consideration and action on pending nominations until the Trump administration respects Congress’s role as a co-equal branch of government and restores USAID’s functions as mandated by federal law.  

Neither the President nor an unelected, unaccountable billionaire has the authority to unilaterally abolish a statutorily created agency or withhold funding Congress has appropriated. But that’s exactly what Elon Musk and his allies are attempting to do with USAID, from the freezing of appropriated funds to the blanket use of administrative leave to gut USAID’s workforce. We are now seeing these tactics repeated across agencies as Musk broadens his unlawful takeover of the federal government.  

We do not urge this course of action lightly. Blanket holds have previously been abused by individual Senators to register personal objections to lawful policies and actions. This is a different circumstance. Letting Musk and his allies ignore the will of Congress and trample on the legislative power of the purse fundamentally undermines our system of government with lasting damage to our free and open society. Americans’ elected representatives must therefore pursue every constitutional avenue to reclaim their Article I authority over how agencies are organized, staffed, and funded.   

Specifically, we urge senators to use all available procedural tools to prevent the confirmation of Trump administration nominations, including through opposing unanimous consent agreements and motions to proceed to executive session to consider these nominees. Nominations and promotions of career military and Foreign Service members should be excepted, recognizing their essential role in protecting our national security.    

Once congressional prerogatives are respected, we welcome the debate on foreign assistance. Musk’s wholesale destruction of USAID threatens the safety and security of American families by pulling the plug on one of America’s most successful and cost-effective tools for influencing the world and addressing global threats like pandemics, food insecurity, terrorism, and forced migration. It would be a win for our adversaries, who will fill the vacuum left in America’s absence. And the consequences of the haphazard foreign aid freeze will be measured in lost lives, diminished American influence, and the spread of disease, hunger, poverty, and conflict. There are better, bipartisan ways to strengthen our foreign assistance programs, but they can only be pursued after the Trump administration reverses its reckless, illegal actions.   

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