Open Technology Fund, et.al v. Michael Pack: Where the Accountability Rests – At the Ballot Box

 

OPEN TECHNOLOGY FUND, et al., Plaintiffs, v. MICHAEL PACK, in his official capacity as Chief Executive Officer and Director of the U.S. Agency for Global Media, Defendant
For nearly 80 years, international broadcasting sponsored by the United States has served as a trusted and authoritative global news source, a forum for the expression of diverse viewpoints on the most pressing topics of the day, a model of journalistic excellence and independence, and a beacon of hope for those trapped within authoritarian regimes. Despite being funded by American taxpayers, U.S. international broadcasting has typically remained free of governmental interference. Indeed, its autonomy and its commitment to providing objective news coverage has often been viewed as key to its ability to advance the interests of the United States abroad. Our country’s commitment to this model of cultural export has largely been viewed as a rousing success, helping to undermine and topple some of history’s most oppressive regimes—including Nazi Germany and the Soviet Union—by spreading freedom and democracy around the globe. The current Chief Executive Officer (“CEO”) of the United States Agency for Global Media (“USAGM”)—the defendant, Michael Pack—is accused of putting this legacy at serious risk. Since taking office less than a month ago, Pack has upended U.S.-sponsored international broadcasting. Most relevant to the current dispute, on June 17, 2020, Pack unilaterally removed the operational heads and directors of four USAGM-funded organizations—Open Technology Fund (“OTF”), Radio Free Europe (“RFE”), Radio Free Asia, and the Middle East Broadcasting Networks (collectively, “Networks”)1—and replaced the directors with five members of the current Trump Administration as well as an employee of Liberty Counsel Action, a conservative advocacy organization.
[…]
Pack’s actions have global ramifications, and plaintiffs in this case have expressed deep concerns that his tenure as USAGM CEO will damage the independence and integrity of U.S.- sponsored international broadcasting efforts. If they are correct, the result will be to diminish America’s presence on the international stage, impede the distribution around the world of accurate information on important affairs, and strengthen totalitarian governments everywhere. Yet, Congress has decided to concentrate unilateral power in the USAGM CEO, and the Court cannot override that determination. If Pack’s actions turn out to be misguided, his appointment by the President and confirmation by the Senate points to where the accountability rests: at the ballot box. Based on an evaluation of plaintiffs’ likelihood of success on the merits, the solution is likely not in this Court.
Read in full here:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2020cv1710-22

Advertisements

@USAGMgov: Heads of MBN, Radio Free Asia, RFE/RL, and the Open Technology Fund Ousted

On June 16, the top two officials at the Voice of America resigned with the arrival of new Trump appointee Michael  Pack as CEO of the U.S. Agency for Global Media (see Top VOA Officials Resign as Michael Pack Assumes Charge as CEO of @USAGMgov).
On Wednesday evening, the news media reports the dismissal of the remaining heads of the four organizations under USAGM. OCB already has an interim director since 2018, and VOA was just vacated. For those unfamiliar with the agency, this used to be BBG prior to its “larger modernization effort”  in August 2018.

Via CNN:
The heads of four organizations overseen by the US Agency for Global Media (USAGM) were all dismissed Wednesday night — a move likely to heighten concerns that new Trump-appointed CEO Michael Pack means to turn the agency into a political arm of the administration.
In what a former official described as a “Wednesday night massacre,” the heads of Middle East Broadcasting, Radio Free Asia, Radio Free Europe/Radio Liberty, and the Open Technology Fund were all ousted, multiple sources told CNN.
“They let go all of the heads of the networks. It’s unprecedented,” an agency source told CNN.
A source familiar with the situation said at least two of the removals — that of RFE/RL’s Jamie Fly and MBN’s Alberto Fernandez — were unexpected. The head of the Open Technology Fund, Libby Liu, had resigned effective July, but was still fired Wednesday evening, one of the sources said.
[…]
In addition, Jeffrey Shapiro, an ally the ultra-conservative former Trump White House chief strategist Steve Bannon, is expected to be named to lead the Office of Cuba Broadcasting.