Jefferson Griffin (R) surrendered in his six-month-long battle to steal a North Carolina Supreme Court election from Allison Riggs (D) on Wednesday, the same day that North Carolina Republicans’ other ratfuckery — trying to strip power from the state’s elected Democrats to seize control of election administration in the state — became official.
Continue reading “On Day Griffin Concedes, Another Republican Power Grab In North Carolina Becomes Official”Trump’s NIH Axed Research Grants Even After a Judge Blocked the Cuts, Internal Records Show
This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
For more than two months, the Trump administration has been subject to a federal court order stopping it from cutting funding related to gender identity and the provision of gender-affirming care in response to President Donald Trump’s executive orders.
Lawyers for the federal government have repeatedly claimed in court filings that the administration has been complying with the order.
But new whistleblower records submitted in a lawsuit led by the Washington state attorney general appear to contradict the claim.
Nearly two weeks after the court’s preliminary injunction was issued, the National Institutes of Health’s then-acting head, Dr. Matthew J. Memoli, drafted a memo that details how the agency, in response to Trump’s executive orders, cut funding for research grants that “promote or inculcate gender ideology.” An internal spreadsheet of terminated NIH grants also references “gender ideology” and lists the number associated with Trump’s executive order as the reason for the termination of more than a half dozen research grants.
The Washington attorney general’s allegation that the Trump administration violated a court order comes as the country lurches toward a constitutional crisis amid accusations that the executive branch has defied or ignored court orders in several other cases. In the most high-profile case so far, the administration has yet to comply with a federal judge’s order, upheld unanimously by the Supreme Court, requiring it to “facilitate” the return of Kilmar Armando Abrego Garcia, who was mistakenly deported to El Salvador in March.
The records filed in the NIH-related lawsuit last week also reveal for the first time the enormous scope of the administration’s changes to the agency, which has been subject to massive layoffs and research cuts to align it with the president’s political priorities.
Other documents filed in the case raise questions concerning a key claim the administration has made about how it is restructuring federal agencies — that the Department of Government Efficiency has limited authority, acting mostly as an advisory body that consults on what to cut. However, in depositions filed in the case last week, two NIH officials testified that DOGE itself gave directions in hundreds of grant terminations.
The lawsuit offers an unprecedented view into the termination of more than 600 grants at the NIH over the past two months. Many of the canceled grants appear to have focused on subjects that the administration claims are unscientific or that the agency should no longer focus on under new priorities, such as gender identity, vaccine hesitancy and diversity, equity and inclusion. Grants related to research in China have also been cut, and climate change projects are under scrutiny.
Andrew G. Nixon, the director of communications for the Department of Health and Human Services, the NIH’s parent agency, told ProPublica in an email that the grant terminations directly followed the president’s executive orders and that the NIH’s actions were based on policy and scientific priorities, not political interference.
“The cuts are essential to refocus NIH on key public health priorities, like the chronic disease epidemic,” he said. Nixon also told ProPublica that its questions related to the lawsuit “solely fit a partisan narrative”; he did not respond to specific questions about the preliminary injunction, the administration’s compliance with the order or the involvement of DOGE in the grant termination process. The White House did not respond to ProPublica’s questions.
Mike Faulk, the deputy communications director for the Washington state attorney general’s office, told ProPublica in an email that the administration “appears to have used DOGE in this instance to keep career NIH officials in the dark about what was happening and why.”
“While claiming to be transparent, DOGE has actively hidden its activities and its true motivations,” he said. “Our office will use every tool we have to uncover the truth about why these grants were terminated.”
Since Trump took office in January, the administration has provided limited insight into why it chose to terminate scientific and medical grants.
That decision-making process has been largely opaque, until now.
Washington Fights to Overturn Grant Termination
In February, Washington state — joined by Minnesota, Oregon, Colorado and three physicians — sued the administration after it threatened to enforce its executive orders by withholding federal research grants from institutions that provided gender-affirming services or promoted “gender ideology.” Within weeks, a federal judge issued an injunction limiting the administration from fully enforcing the orders in the four states that are party to the suit.
The same day as the injunction, however, the NIH terminated a research grant to Seattle Children’s Hospital to develop and study an online education tool designed to reduce the risk of violence, mental health disorders and sexually transmitted infections among transgender youth, according to records filed in the court case. The NIH stated that it was the agency’s policy not to “prioritize” such studies on gender identity.
“Research programs based on gender identity are often unscientific, have little identifiable return on investment, and do nothing to enhance the health of many Americans,” the notice stated, without citing any scientific evidence for its claims. The NIH sent another notice reiterating the termination four days later.
The Washington attorney general’s office requested the termination be withdrawn, citing the injunction. But the administration refused, claiming that it was in compliance as the termination was based on NIH’s own authority and grant policy and was not enforcing any executive order.
The Washington attorney general asked the judge to hold the administration in contempt for violating the injunction. While the request was denied, the court granted an expedited discovery process to better assess whether the administration had breached the injunction. That process would have required the administration to quickly turn over internal documents relating to the termination. In response, the administration reinstated the grant for Seattle Children’s Hospital and declared the discovery process moot, or no longer relevant. However, U.S. District Judge Lauren J. King, who was appointed by former President Joseph Biden, permitted it to continue.
Whistleblower Documents Reveal Sweeping Changes at NIH
In recent months, whistleblowers have made the plaintiffs in the lawsuit aware of internal records that more closely connect the grant terminations to the administration’s executive orders.
In an internal spreadsheet of dozens of grants marked for cancellation at an NIH institute, the stated reason for termination for several was “gender ideology (EA 14168),” including the grant to Seattle Children’s Hospital.
The rationale appears to reference Executive Order 14168, which banned using federal funds to “promote gender ideology,” again seeming to conflict with the administration’s stance that the termination was not based on the executive orders. The termination dates of the grants, according to the spreadsheet, were after the injunction went into effect.
Another internal document, which provides extraordinary insight into the administration’s efforts to reshape the NIH, also states the executive order was the impetus for grant terminations.
In the March 11 memo from Memoli, the NIH cataloged all actions that the agency had taken thus far to align with the president’s executive orders. In a section detailing the steps taken to implement the “gender ideology” executive order, one of the 44 actions listed was the termination of active grants.
“NIH is currently reviewing all active grants and supplements to determine if they promote gender ideology and will take action as appropriate,” the memo stated, noting that the process was in progress.
While the administration has said in court filings that it is following the judge’s injunction order, the Washington state attorney general’s office told ProPublica that it disagreed.
“Their claim to have complied with the preliminary injunction is almost laughable,” said Faulk, the office’s deputy communications director. “The Trump administration is playing games with no apparent respect for the rule of law.”
Depositions Reveal DOGE Links
In depositions conducted last month as part of the lawsuit, the testimony of two NIH officials also raised questions about why the research grants were terminated and how DOGE was involved.
Liza Bundesen, who was the deputy director of the agency’s extramural research office, testified that she first learned of the grant terminations on Feb. 28 from a DOGE team member, Rachel Riley. Bundesen said she was invited into a Microsoft Teams video call, where Riley introduced herself as being part of DOGE and working with the Department of Health and Human Services.
Riley, a former consultant for McKinsey & Co., joined HHS on Jan. 27, according to court filings in a separate lawsuit, and has reportedly served as the DOGE point person at the NIH.
The executive order detailing DOGE’s responsibilities describes the cost-cutting team as advisers that consult agency heads on the termination of contracts and grants. No language in the orders gives the DOGE team members the authority to direct the cancellation of grants or contracts. However, the depositions portray Riley as giving directions on how to conduct the terminations.
“She informed me that a number of grants will need to be terminated,” Bundesen testified, adding that she was told that they needed to be terminated by the end of the day. “I did not ask what, you know, what grants because I just literally was a little bit confused and caught off guard.”
Bundesen said she then received an email from Memoli, the NIH acting director, with a spreadsheet listing the grants that needed to be canceled and a template letter for notifying researchers of the terminations.
“The template had boilerplate language that could then be modified for the different circumstances, the different buckets of grants that were to be terminated,” she said. “The categories were DEI, research in China and transgender or gender ideology.”
Bundesen forwarded the email with the spreadsheet to Michelle Bulls, who directs the agency’s Office of Policy for Extramural Research Administration. Bundesen resigned from the NIH a week later, on March 7, citing “untenable” working conditions.
“I was given directives to implement with very short turnaround times, often close of business or maybe within the next hour,” she testified. “I was not offered the opportunity to provide feedback or really ask for clarification.”
Bulls confirmed in her own deposition that the termination list and letter template originally came from Riley. When Bulls started receiving the lists, she said she did what she was told. “I just followed the directive,” she said. “The language in the letters were provided so I didn’t question.”
Bulls said she didn’t write any of the letters herself and just signed her name to them. She also said she was not aware whether anyone had assessed the grants’ scientific merit or whether they met agency criteria. The grant terminations related to gender identity did not stem from an independent agency policy, she testified, appearing to contradict the administration’s assertion that they were based on the agency’s own authority and grant policy.
As of April 3, Bulls said she had received more than five lists of grants that needed to be terminated, amounting to “somewhere between five hundred and a thousand” grants.
Most grant recipients endure a rigorous vetting process, which can involve multiple stages of peer review before approval, and before this year, Bulls testified that grant terminations at the NIH have historically been rare. There are generally two main types of terminations, she said, for noncompliance or based on mutual agreement. Bulls said that she has been “generally involved in noncompliance discussions” and since she became the director of the office in 2012, there had been fewer than five such terminations.
In addition to the termination letters, Bulls said she relied on the template language provided by Riley to draft guidance to inform the 27 centers and institutes at the NIH what the agency’s new priorities were to help them scrutinize their own research portfolios.
Following the depositions, the Washington state attorney general’s office said that the federal government has refused to respond to its discovery requests. It has filed a motion to compel the government to respond, which is pending.
Riley, Bundesen, Bulls and Memoli did not reply to ProPublica’s requests for comment.
While the administration did not answer ProPublica’s questions about DOGE and its involvement in the grant terminations, last week in its budget blueprint, it generally justified its proposed cuts at the NIH with claims that the agency had “wasteful spending,” conducted “risky research” and promoted “dangerous ideologies that undermine public health.”
“NIH has grown too big and unfocused,” the White House claimed in its fiscal plan, adding that the agency’s research should “align with the President’s priorities to address chronic disease and other epidemics, implementing all executive orders and eliminating research on climate change, radical gender ideology, and divisive racialism.”
Jeremy Berg, who led the National Institute of General Medical Sciences at the NIH from 2003 to 2011, told ProPublica that the administration’s assessment of the institution was “not fair and not based on any substantial analysis or evidence,” and the proposed cuts “would be absolutely devastating to NIH and to biomedical research in the United States.”
“It is profoundly distressing to see this great institution being reduced to a lawless, politicized organization without much focus on its actual mission,” he said.
Why Do They Have It In For Biomedical Research?
Here is a brief follow-up on the question TPM Reader MA addresses in an earlier post: why does the Trump administration have it in for biomedical/disease research? It’s a really good question and one I have not seen an adequate explanation for. But having been reporting on this for a few months now I think I do get the outlines of it.
Continue reading “Why Do They Have It In For Biomedical Research?”Breaking: Griffin Concedes To Riggs In NC Supreme Court Race
There it is.
Six months after Election Day, Republican challenger Jefferson Griffin has conceded the North Carolina Supreme Court race to Democratic incumbent Allison Riggs.
Continue reading “Breaking: Griffin Concedes To Riggs In NC Supreme Court Race”Self-Destruction
A note from TPM Reader MA on biomedical research. I’m sharing it because it’s a good simple explanation not only of the nuts and bolts reality of “your cure isn’t going to be there when you need it” but the massive hit to global competitiveness and economic advantage …
Continue reading “Self-Destruction”I’m racking my brain trying to figure out why Trump would want to kill funding for curing cancer/Alzheimer’s etc. I guess, as is often the case, with Trump, the simple explanation is the most likely. He sees the university as the enemy and wants to use whatever federal leverage he can to attack them, even if it ends up destroying one of the areas in which the US has a huge comparative advantage. There are significant economic consequences to spiking medical research in the universities: this subsidizes the training of people who will work in the industry, and it drives the types of blue sky research that industry doesn’t want to do, but that it benefits greatly from. It creates a vacuum that other countries will rush to fill. If it persists, the comparative advantage that the US has gained by attracting top global talent will collapse.
SCOTUS Allows Trump’s Purge Of Trans In Military To Proceed
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
The Damage Will Be Done
It wasn’t just what the Supreme Court did Tuesday with President Trump’s ban on trans service members in the military. It’s how it did it.
The challenge to the ban on trans in the military was wending its way through the courts, with a federal judge in Washington state hearing evidence and issuing a nationwide injunction blocking the ban and the 9th Circuit Court of Appeals declining to lift the injunction while it heard the appeal. The Trump administration then asked the Supreme Court to weigh in on an emergency basis, which is what the high court did yesterday.
With the three liberal justices dissenting, the Roberts Court once again intervened at a early stage of the proceedings, before the lower courts finished dispensing with the case and before it could hear full arguments. A second case in DC – also won by trans service members – was recently paused by a Trump-appointee-heavy three-judge panel of DC Circuit Court of Appeals
In clearing the way for Defense Secretary Pete Hegseth to continue the purge of trans service members, the Supreme Court is letting the damage be done before the courts have had a full bite at the apple. In doing do, it is disrupting the status quo. Transgender Americans already serve in the military and have done so openly for years. Some trans service members are in the process of transitioning. Others rely on military health care for their ongoing treatment.
By refusing to let the legal case proceed before the trans purge is fully implemented, the Supreme Court is enabling the Trump administration to inflict the damage that the plaintiffs are trying to avoid. Plaintiffs had won so far, but it’s a hollow victory if the Pentagon is allowed to proceed anyway. The Supreme Court is letting the Trump administration create facts on the ground that will be hard to undo later: discharging trans service members and refusing to accept trans people into the military. Careers ended, lives upended, and financial costs incurred.
All of this points, of course, to the Supreme Court ultimately ruling in the administration’s favor on the merits of the case. But as Chris Geidner points out, making projections can be fraught and another important trans case is pending before the Supreme Court that could be a complicating factor in this case. As is the custom in emergency rulings, the court gave no reasons for its decision.
Trump Suffers Two New Alien Enemies Act Losses
Two more federal judges have rendered substantive decisions that President Trump’s invocation of the Alien Enemies Act against Tren de Aragua was fatally flawed as a matter of law. The latest decisions go beyond the initial round of court rulings, including by the Supreme Court, that focused on due process.
- New York: In a new ruling, U.S. District Alvin Hellerstein granted a preliminary injunction blocking enforcement of President Trump’s Alien Enemies Act proclamation in the Southern District of New York. Hellerstein rejected the administration’s argument that Tren de Aragua’s presence in the United States constitutes an “invasion” or “predatory incursion” under the AEA.
- Colorado: In a new ruling, U.S. District Court Judge Charlotte Sweeney converted her prior temporary restraining order into a preliminary injunction barring enforcement of the Alien Enemies Act in Colorado.
The latest decisions on the substance of the AEA follow a similar ruling last week by a federal judge in the Southern District of Texas.
Judge Doesn’t Buy Trump DOJ Flimflam In Detainee Case
U.S. District Judge Stephanie Gallagher continues to insist that the Trump administration facilitate the return of a Venezuelan man deported to the CECOT prison in El Salvador in violation of a 2024 settlement agreement with asylum seekers. Gallagher rejected a Trump DOJ argument that even if it returned him to the U.S. it would not give him asylum. “Whether he ultimately receives asylum is not the issue,” Gallagher said in a hearing. “The issue is, and has always been, one of process.”
The Dirty Deal With El Salvador
Brian Finucane at Just Security pulls together from scattered news reports some of the terms of the Trump administration’s deal with El Salvador to house U.S. detainees in its prisons. But the public record remains incomplete, he argues, and likely will require sworn testimony from Trump administration officials to nail down the complete terms of the arrangement.
Not Just El Salvador
The Trump administration continues to try to find countries willing to take third-country nationals detained by the U.S.:
- Libya: A U.S. military plane is set to transport to Libya as soon as today a group of migrants whose nationalities are not publicly know, the NYT reports.
- Rwanda: The country’s foreign minister confirmed it is in “early talks” with the United States about accepting third-country nationals.
- Ukraine: In late January, the Trump administration urged war-torn Ukraine to accept third-country nationals, according to documents reviewed by the Wapo.
Slow Progress For Pro-Palestinian Student Detainees
A quick catch-up on the some of the cases involving pro-Palestinian international students detained after Secretary of State Marco Rubio’s unilaterally revoked their legal statuses for what is clearly their political viewpoints:
- Georgetown University: Researcher Badar Khan Suri, an Indian national detained in Texas, will get to have his case heard in Virginia, where he lived and was originally detained, a federal judge ruled.
- Tufts University: The Second Circuit Court of Appeals heard arguments on whether Turkish national Rumeysa Ozturk’s case will be heard in Vermont, as a lower court ordered in her favor, or in Louisiana, where the Trump administration has detained her.
- Columbia University: The Second Circuit Court of Appeals also heard the Trump administration’s appeal of a lower court order that freed Mohsen Mahdawi while his case proceeds.
Correction: The original version of this item misidentified which circuit court heard arguments yesterday.
We May Not Be Rid Of Ed Martin Just Yet
While it’s increasingly clear that acting U.S. Attorney Ed Martin’s nomination for the permanent position in DC lacks sufficient Republican support to get through the Senate Judiciary Committee, his primary GOP antagonist left the door open to confirm Martin as U.S. attorney someplace other than DC.
“If Mr. Martin were being put forth as a U.S. attorney for any district except the district where Jan. 6 happened, the protest happened, I’d probably support him,” Sen. Thom Tillis (R-NC) told reporters Tuesday. “But not in this district.”
Martin spent most of working life in Missouri before being tapped for the DC position.
Law Firms That Cut Deals With Trump Pay The Price
Law.com: “Some in-house lawyers are quietly pulling work away from some law firms that have made deals with President Trump, citing their objections to such deals, according to interviews with legal department chiefs.”
Hmmm …
The Trump administration abruptly and with no explanation removed the vice chairman of the National Transportation Safety Board. Alvin Brown was the only Black member on the five-person board of the independent agency.
What Could Possibly Go Wrong?
WaPo: “The U.S. DOGE Service is racing to build a single centralized database with vast troves of personal information about millions of U.S. citizens and residents, a campaign that often violates or disregards core privacy and security protections meant to keep such information safe, government workers say.”
Just Do The Math
The Trump administration is junking the EPA’s highly successful Energy Star program for home appliances, which saved Americans more than $500 billion in energy costs while avoiding the emission of four billion metric tons of greenhouse gases. The program cost $32 million a year while saving $40 billion annually in energy costs, one advocacy group noted.
Surreal Headline Of The Day
WSJ: U.S. Orders Intelligence Agencies to Step Up Spying on Greenland
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Republicans Dodge Even Basic Questions On Medicaid Cut Plans: ‘Decisions Haven’t Been Made’
House Republicans’ work of making sweeping cuts to Medicaid — the social safety net program that provides health care coverage for 72 million low-income and disabled Americans — while publicly pretending they are not doing so continues this week.
Continue reading “Republicans Dodge Even Basic Questions On Medicaid Cut Plans: ‘Decisions Haven’t Been Made’”Another Judge Finds Trump Did Not Validly Invoke Alien Enemies Act Against Alleged Gang
As judges begin to rule on the merits of President Trump’s use of the Alien Enemies Act to give him wide latitude to expel alleged Venezuelan gang members, the administration is starting to rack up losses.
Continue reading “Another Judge Finds Trump Did Not Validly Invoke Alien Enemies Act Against Alleged Gang”Conspiracy of Silence: How Trump is Covertly Strangling Billions in Disease Cure Research
The following is very important news about the Trump White House’s unfolding war against biomedical/disease-cure research in the United States. But the set up is a bit complicated. So I want to note both the complexity and the importance in advance, because I want to really encourage you to read the set up and the details. It’s important stuff and most of it remains unknown to the public, though a few threads of the story have been published.
Back in late March and early April, the Trump administration announced grant freezes against a series of elite private universities, all notionally tied to charges of lax vigilance against antisemitism. The targeted universities eventually included Brown, Columbia, Harvard, University of Pennsylvania, Princeton, Cornell and Northwestern. Harvard eventually sued the administration. Princeton has decided to fight the cuts but hasn’t sued. But most of the universities have generally kept quiet about what they’re doing. And in most cases what that means is that they’re negotiating with the administration and trying to keep their faculties quiet to avoid antagonizing anyone during those notional negotiations.
Continue reading “Conspiracy of Silence: How Trump is Covertly Strangling Billions in Disease Cure Research”While His Admin Delights In The Culture Wars, Trump Tiptoes Around Abortion. At Least For Now.
The White House creates AI slop of a weeping immigrant being deported, President Trump performs a mocking imitation of a trans weightlifter, the Pentagon wipes government webpages of the military achievements of nonwhite men — this is an administration that luxuriates in Fox News’ A block.
Continue reading “While His Admin Delights In The Culture Wars, Trump Tiptoes Around Abortion. At Least For Now.”