Department of Justice attorneys told a federal court in Washington, D.C., on Wednesday that there could not be an acting CEO of the U.S. Agency for Global Media until President Donald Trump nominates a permanent chief executive to lead it, providing little clarity on next steps for its U.S.-funded news organizations.
U.S. District Court Judge Royce C. Lamberth on Saturday ordered the government to submit by 5 p.m. on Wednesday its choice for acting CEO and an outline for a succession plan after he ruled that Kari Lake‘s appointment as acting CEO of USAGM was invalid, thereby nullifying her sweeping actions that included mass layoffs.
But DOJ attorneys — Assistant Attorney General Brett Shumate, Deputy Assistant Attorney General Eric J. Hamilton and civil division attorney Elizabeth Hedges — told the court in a memo on Wednesday that the agency does “not have a ‘succession plan for the CEO of USAGM,’” as to elevate an acting CEO would require Trump to nominate a permanent replacement for Senate confirmation. Once he does, “the authority for an Acting CEO to serve springs back.”
The attorneys also said no one is currently serving as acting CEO.
The White House did not have an immediate comment on when Trump will nominate a permanent leader, and a Justice Department spokesperson did not respond to an immediate request for comment. Attorneys for the plaintiffs are still studying the report.
Victor Morales, the agency’s once-acting CEO, first delegated CEO duties to Lake, then a senior adviser, in March 2025. She was later named acting deputy CEO in July, after which he again conferred the majority of the CEO duties. Lamberth ruled on Saturday that “it is clear that Lake had de facto control of the agency” before her designations as acting deputy and acting CEO.
Lake stepped down in November, days after a trio of staffers from Voice of America, the U.S.-funded news organization that caters to an international audience, who had sued to stop her actions filed a motion to bar her from that title. The plaintiffs included staffers Patsy Widakuswara, Jessica Jerreat and Kate Neeper, whose suit prompted Lamberth’s ruling.
The DOJ attorneys said on Wednesday that the Federal Vacancies Reform Act would be the only way to name a leader at the agency, but since the court held that Lake was not deputy CEO before assuming Morales’ CEO duties, the Federal Vacancies Reform Act and a U.S. federal statute on acting positions would not apply, as no one filled the position under CEO. And since the court held the CEO duties could not be delegated, “it is therefore unclear at this time what actions and activities, if any, USAGM is currently authorized to undertake in light of the Court’s order.” The government was continuing to study the order.
The status report leaves in limbo the opportunity for workers at VOA to return to work after a year of paid administrative leave. Widakuswara, who worked as VOA’s White House Bureau Chief told TheWrap this week she’s more than ready to return. “If you ask me, I want to go tomorrow,” she said. “I wish I’d get an email today that says that, but we just don’t know.”
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