Preceding a lawsuit filed against President Donald Trump and members of his administration, the Department of Justice wrote in a memo that the president could, indeed, designate acting board members of the Inter-American Foundation (IAF) without Senate approval.

The DOJ’s Office of Legal Counsel (OLC) wrote Friday that in the absence of a statute, “a President’s responsibility to ‘take Care that the Laws be faithfully executed’ grants him the concomitant authority to designate acting officers through whom he can temporarily maintain the constitutional chain of supervision over an organization created by Congress to perform executive functions.”

Sara Aviel, the ousted head of IAF, filed a lawsuit on Monday anyway, asserting she was unlawfully removed and that her replacement, Peter Marocco, was unlawfully seated. 

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