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The president does not have the authority to abolish a federal department or agency established by Congress, says legal experts.

The US Agency for International Development, which Elon Musk has said he and Trump are closing down, was first established by a 1961 executive order and later by a law congress adopted in 1998.

A recent law, State and Foreign Operations Act for the financial year 2024, which was incorporated into a larger congressional expenses, requires the executive branch to notify and consult with congress on any proposed reorganization or degradation of the agency.

Richard Briffault, a professor at Columbia Law School, said his “best reading of the law is that although the president could direct greater coordination of USAID with the state department and maybe even transfer some functions, he cannot unilaterally abolish the agency with executive order. “

“It has been established by a congregation and can only be removed by a congressional action,” he said.

At that time, State Secretary Marco Rubio’s letter to senators yesterday and asked to consult them for the future of USAID specifically until 2024-Appendix Act, similar Just Security, who worked as Vice President of the National Security Council under the Obama administration.

Rubio, appointed by Trump as acting USAID administrator, said in his letter to legislators that certain USAID missions could be moved to the Ministry of State and the remaining agency activities “abolished in accordance with applicable law.”

As Rubio has been confirmed by the Senate, the administration could claim that it is seeking a legal way to restructure the agency and consult as required with legislators, congress supporters said.

But Trump -Administration’s recent actions, including locking employees out of the headquarters, stopping congress funded USAID programs and cut off e -mail access to the staff as well as statements from Elon Musk, have sent another message: that it may be intended to dismantle Agency in everything.

“Does the administration assure to transfer all USAIDs functions to the state department, or are they simply performed under a new acting administrator?” Bridgeman asked. “We don’t know the answer to that question. So it’s really hard to say whether the features assigned to USID by statute have been preserved. “

Those who wish to raise constitutional claims against the efforts to abolish the agency would have to establish legal status to sue. If the agency was dissolved directly, organizations receiving funding from USAID could have standing to challenge the move as a “wounded party”, according to Bridgeman.

Employees in USAID also have potentially legal use if they are dismissed from their jobs in a way that violates federal laws for officials.