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UPDATE: DOJ and Kari Lake are desperate to make this case go away, but they're not being too bright about it.
Chris Geidner
@chrisgeidner.bsky.social
Follow
UPDATE: DOJ and Kari Lake are desperate to make this case go away, but they’re not being too bright about it. Today, they *restored* RFE/RL’s grant and argue the case is moot — but look at the last sentence of the letter restoring the grant. https://storage.courtlistener.com/recap/gov.uscourts.dcd.278524/gov.uscourts.dcd.278524.15.0.pdf
Case 1:25-cv-00799-RCL Document 15 Filed 03/26/25
Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RFE/RL, INC.,
Plaintiff,
V.
KARI LAKE, in her official capacity, et al.,
Defendants.
No. 25-cv-00799-RCL
DEFENDANTS' RESPONSE AND
NOTICE OF WITHDRAWAL OF GRANT TERMINATION
On March 26, 2025, the United States Agency for Global Media ("USAGM"
issued the
attached letter, withdrawing the termination of Plaintiff"s grant that is the subject of this lawsuit.
See Exhibit A. Plaintiff's grant is therefore back into effect. Id.
Plaintiff has secured the primary relief-withdrawing the termination of its grant
agreement-that it requested in the complaint. Now that Plaintiff has received that relief, Defendants' position is that this matter is now moot. At a minimum, in light of the reinstatement of Plaintiff's grant, there is certainly no ongoing "certain and great" irreparable harm that could
justify injunctive relief.' Wis. Gas Co. v. Fed. Energy Regul. Comm'n, 758 F.2d 669, 674 (D.C.
Cir. 1985). Defendants therefore request that this Court deny Plaintiff's motion for injunctive
relief as moot. Counsel for the Defendants are conferring with counsel for the Plaintiff as to next
steps in the case.
' To the extent this Court determines that this notice is insufficient to resolve the pending motion, Defendants stand on their previously filed brief opposing the motion for a temporary restraining order for purposes of opposing the pending motion.
1
ALT
Case 1:25-cv-00799-RCL Document 15
Filed 03/26/25 Page 4 of 4
U.S. AGENCY FOR
GLOBAL MEDIA
March 26, 2025
Dear Radio Free Europe/Radio Liberty
The March 15, 2025 letter terminating your grant agreement FAIN: 1060-25-GO-00001 is hereby rescinded. Grant agreement FAIN: 1060-25-GO-00001 is therefore back in effect.
This recission is without prejudice to USAGM's authority to terminate the grant at a later date if USAGM were to determine that such termination was appropriate under the applicable law.
Thank you,
Kari Lake
Kari Lake
Senior Advisor to the Acting CEO with Authorities Delegated by Acting CEO
ALT
March 26, 2025 at 11:42 PM
@chrisgeidner.bsky.social
Follow
UPDATE: DOJ and Kari Lake are desperate to make this case go away, but they’re not being too bright about it. Today, they *restored* RFE/RL’s grant and argue the case is moot — but look at the last sentence of the letter restoring the grant. https://storage.courtlistener.com/recap/gov.uscourts.dcd.278524/gov.uscourts.dcd.278524.15.0.pdf
Case 1:25-cv-00799-RCL Document 15 Filed 03/26/25
Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RFE/RL, INC.,
Plaintiff,
V.
KARI LAKE, in her official capacity, et al.,
Defendants.
No. 25-cv-00799-RCL
DEFENDANTS' RESPONSE AND
NOTICE OF WITHDRAWAL OF GRANT TERMINATION
On March 26, 2025, the United States Agency for Global Media ("USAGM"
issued the
attached letter, withdrawing the termination of Plaintiff"s grant that is the subject of this lawsuit.
See Exhibit A. Plaintiff's grant is therefore back into effect. Id.
Plaintiff has secured the primary relief-withdrawing the termination of its grant
agreement-that it requested in the complaint. Now that Plaintiff has received that relief, Defendants' position is that this matter is now moot. At a minimum, in light of the reinstatement of Plaintiff's grant, there is certainly no ongoing "certain and great" irreparable harm that could
justify injunctive relief.' Wis. Gas Co. v. Fed. Energy Regul. Comm'n, 758 F.2d 669, 674 (D.C.
Cir. 1985). Defendants therefore request that this Court deny Plaintiff's motion for injunctive
relief as moot. Counsel for the Defendants are conferring with counsel for the Plaintiff as to next
steps in the case.
' To the extent this Court determines that this notice is insufficient to resolve the pending motion, Defendants stand on their previously filed brief opposing the motion for a temporary restraining order for purposes of opposing the pending motion.
1
ALT
Case 1:25-cv-00799-RCL Document 15
Filed 03/26/25 Page 4 of 4
U.S. AGENCY FOR
GLOBAL MEDIA
March 26, 2025
Dear Radio Free Europe/Radio Liberty
The March 15, 2025 letter terminating your grant agreement FAIN: 1060-25-GO-00001 is hereby rescinded. Grant agreement FAIN: 1060-25-GO-00001 is therefore back in effect.
This recission is without prejudice to USAGM's authority to terminate the grant at a later date if USAGM were to determine that such termination was appropriate under the applicable law.
Thank you,
Kari Lake
Kari Lake
Senior Advisor to the Acting CEO with Authorities Delegated by Acting CEO
ALT
March 26, 2025 at 11:42 PM
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lldeys5ac22q
Chris Geidner
@chrisgeidner.bsky.social
Follow
BREAKING: Judge Royce Lamberth, a Reagan appointee, issues a TRO blocking Kari Lake from shutting down Radio Free Europe/Radio Liberty "with one sentence of reasoning offering virtually no explanation" — "even if the President has told them to do so." https://storage.courtlistener.com/recap/gov.uscourts.dcd.278524/gov.uscourts.dcd.278524.14.0.pdf
I. CONCLUSION
Congress has found that "it is the policy of the United States to promote the right of
freedom of opinion and expression" and that "open communication of information and ideas
among the peoples of the world contributes to international peace and stability." International
Broadcasting Act of 1973, 87 Stat. at 457. RFE/RL has, for decades, operated as one of the organizations that Congress has statutorily designated to carry out this policy. The leadership of
USAGM cannot, with one sentence of reasoning offering virtually no explanation, force RFE/RL
to shut down even if the President has told them to do so.
Therefore, upon consideration of the plaintiff's Motion [ECF No. 6] for a Temporary
Restraining Order, the defendants' Opposition thereto, the plaintiff's Reply, and the entire record
herein, it is hereby
ORDERED that the plaintiff's Motion for a Temporary Restraining Order is GRANTED;
and it is further
ORDERED that the portion of the plaintiff's TRO motion seeking disbursement of
$7,464,559 for the March 1-14 period of performance is now MOOT given the defendants' notice
of disbursement initiation for that outstanding amount; and it is further
ORDERED that the defendants and their agents take no steps and impose no obligations
relating to closing out the plaintiff's grant; and it is further
ALT
ORDERED that the parties abide by the following briefing schedule for the briefing of the
preliminary injunction:
Defendants' Opposition: due Wednesday, March 26, 2025
Plaintif's Reply: due Friday, March 28, 2025.
The Court intends to rule on the preliminary injunction motion expeditiously.
IT IS SO ORDERED.
Date: March
25
, 2025
3:00pm.
Royce C. Lamberth
United States District Judge
ALT
March 25, 2025 at 3:59 PM
@chrisgeidner.bsky.social
Follow
BREAKING: Judge Royce Lamberth, a Reagan appointee, issues a TRO blocking Kari Lake from shutting down Radio Free Europe/Radio Liberty "with one sentence of reasoning offering virtually no explanation" — "even if the President has told them to do so." https://storage.courtlistener.com/recap/gov.uscourts.dcd.278524/gov.uscourts.dcd.278524.14.0.pdf
I. CONCLUSION
Congress has found that "it is the policy of the United States to promote the right of
freedom of opinion and expression" and that "open communication of information and ideas
among the peoples of the world contributes to international peace and stability." International
Broadcasting Act of 1973, 87 Stat. at 457. RFE/RL has, for decades, operated as one of the organizations that Congress has statutorily designated to carry out this policy. The leadership of
USAGM cannot, with one sentence of reasoning offering virtually no explanation, force RFE/RL
to shut down even if the President has told them to do so.
Therefore, upon consideration of the plaintiff's Motion [ECF No. 6] for a Temporary
Restraining Order, the defendants' Opposition thereto, the plaintiff's Reply, and the entire record
herein, it is hereby
ORDERED that the plaintiff's Motion for a Temporary Restraining Order is GRANTED;
and it is further
ORDERED that the portion of the plaintiff's TRO motion seeking disbursement of
$7,464,559 for the March 1-14 period of performance is now MOOT given the defendants' notice
of disbursement initiation for that outstanding amount; and it is further
ORDERED that the defendants and their agents take no steps and impose no obligations
relating to closing out the plaintiff's grant; and it is further
ALT
ORDERED that the parties abide by the following briefing schedule for the briefing of the
preliminary injunction:
Defendants' Opposition: due Wednesday, March 26, 2025
Plaintif's Reply: due Friday, March 28, 2025.
The Court intends to rule on the preliminary injunction motion expeditiously.
IT IS SO ORDERED.
Date: March
25
, 2025
3:00pm.
Royce C. Lamberth
United States District Judge
ALT
March 25, 2025 at 3:59 PM
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lla2nzg7hk24