RFE/RL Makes its case in US District Court
WASHINGTON, D.C. — Monday 24 March
The U.S. District Court for the District of Columbia held a hearing on Radio Free Europe/Radio Liberty’s (RFE/RL) emergency request for $7.5 million in funds that Congress appropriated for its operations in March but that the U.S. Agency for Global Media (USAGM) had failed to provide. RFE/RL also requested that the Court halt USAGM’s March 15 direction that RFE/RL close out its operations.
Shortly before the hearing, USAGM notified the Court that it will take immediate steps to disburse the $7.5 million, equivalent to two weeks of operations. However, the hearing went forward to determine whether to grant RFE/RL a temporary restraining order to forestall closing out its operations. If the court grants the order, RFE/RL will be free to continue fulfilling its mission to serve its global audiences while it pursues a full resolution of the lawsuit. RFE/RL also seeks a preliminary injunction requiring USAGM to disburse the additional approximately $77 million that Congress appropriated for the rest of the fiscal year.
RFE/RL President and CEO Stephen Capus said:
“We hope the imminent disbursement of two weeks’ worth of funding that Congress appropriated to RFE/RL will keep our lights on until the court rules on the broader case. We’re confident the law is on our side as the U.S. Constitution grants Congress the exclusive power of the purse. It is unlawful to deny us the funds that Congress has already appropriated to RFE/RL for the rest of this fiscal year.
The dedicated staff of RFE/RL remains on the job, buoyed by the support we’ve received. But the situation is dire, and we’re especially concerned about the fate of our journalists who are unjustly imprisoned around the world. The decision to abruptly terminate our grant puts their lives—and the overall welfare of our staff—at increased risk.”
WASHINGTON, D.C. — Tuesday 25 March
Judge Royce Lamberth of the U.S. District Court for the District of Columbia granted RFE/RL’s request for a temporary restraining order in its lawsuit against the U.S. Agency for Global Media (USAGM) over the termination of RFE/RL’s congressionally appropriated funding.
In his order, the judge held that USAGM did not adequately justify its decision to terminate RFE/RL’s grant and that forcing RFE/RL to close out its operations while it challenges the agency’s decision would cause “irreparable harm.” He also noted, “…in keeping with Congress’s longstanding determination, that the continued operation of RFE/RL is in the public interest.”
RFE/RL President and CEO Stephen Capus said:
“We appreciate Judge Lamberth’s thoughtful and airtight ruling to prevent USAGM from ignoring the will of Congress. We look forward to further advancing our case that it’s unconstitutional to deny us the funds that Congress has appropriated to RFE/RL for the rest of the fiscal year.
This ruling further sends a strong message to our journalists around the world: Their mission as designed by Congress is a worthy and valuable one and should continue. For 75 years, RFE/RL has been closely aligned with American national security interests by fighting censorship in many of the world’s most repressive societies.”
Shortly before yesterday’s hearing, USAGM notified the Court that it will take immediate steps to disburse $7.5 million, equivalent to two weeks of operations. However, the hearing went forward to determine whether to grant RFE/RL a temporary restraining order to forestall closing out its operations, which Judge Lamberth issued today.
The next step will be a decision on RFE/RL’s request for a preliminary injunction requiring USAGM to provide the approximately $77 million that Congress appropriated for RFE/RL’s activities for the rest of the fiscal year. The Court is expected to rule on that in the coming weeks.
Radio Free Europe/Radio Liberty (RFE/RL) is a private, independent international news organization whose programs — radio, Internet, television, and mobile — reach a weekly audience of nearly 50 million people in 23 countries, including Russia, Ukraine, Iran, Afghanistan, Pakistan, the republics of Central Asia and the Caucasus. It is funded by the U.S. Congress through USAGM.