• Federal judge orders restoration of billions in Building Resilient Infrastructure funding
• Multiple grand juries declined to indict James in separate DOJ cases
• Coalition of 21 attorneys general challenged April termination of bipartisan program

NEW YORK, NY (TDR) — New York Attorney General Letitia James declared victory Friday after a federal court ruled the Trump administration unlawfully eliminated a multibillion-dollar disaster preparedness program, marking the latest legal success for an official who has faced multiple failed indictment attempts by the Justice Department. The Massachusetts federal court decision came barely a week after grand juries declined to charge James in separate revenge cases.

United States District Judge Richard Stearns granted summary judgment to James and a coalition of 20 other attorneys general plus the governors of Kentucky and Pennsylvania. The ruling prevents the administration from terminating FEMA’s Building Resilient Infrastructure and Communities program and requires restoration of funds diverted in April when the Trump administration abruptly shut down the initiative.

Bipartisan Program Terminated

BRIC represents FEMA’s largest disaster preparedness program and has received bipartisan congressional support since its creation approximately 30 years ago. The initiative provides billions of dollars to communities across all 50 states for infrastructure improvements designed to save lives and protect property from natural disasters before they strike. The Trump administration diverted over four billion dollars from pre-disaster mitigation funds into post-disaster grant programs when it terminated BRIC.

“We won our lawsuit against FEMA after they unlawfully withheld billions in funding meant to protect our communities from natural disasters.”

Freedom-Loving Beachwear by Red Beach Nation - Save 10% With Code RVM10

New York has 38 BRIC projects totaling over 380 million dollars throughout the state that were jeopardized by the program’s termination. New York City, which faces particular vulnerability to flooding, expects BRIC funding for 19 different projects. The coalition filed suit in July and shortly afterward secured a preliminary injunction preventing BRIC from being dismantled while litigation proceeded.

Constitutional Arguments Prevailed

The attorneys general coalition argued the abrupt termination violated constitutional principles and federal law. Congress has written disaster preparedness into law as a core component of FEMA’s mission and appropriated specific funds for BRIC. Federal statute specifies the executive branch cannot alter this mission or reduce FEMA’s ability to carry out core functions unless Congress changes the law first.

The coalition additionally challenged the legal authority of President Trump’s FEMA administrator and successor who carried out the termination, arguing they were not lawfully appointed to run the agency. BRIC grants cover up to 75 percent of project costs and can rise to 90 percent for small rural communities. Funding supports construction of evacuation shelters, flood walls, water and power infrastructure protections, and improvements to roads and bridges.

Recent Grand Jury Decisions

CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT

The FEMA victory follows three separate grand jury rejections of charges against James. After career prosecutors in the Eastern District of Virginia initially declined to pursue cases against James and former FBI Director James Comey, President Trump pressured Attorney General Pam Bondi to take legal action. White House aide Lindsey Halligan, who lacks prosecutorial experience, was appointed to pursue the charges but faced judicial dismissal and multiple grand jury refusals.

Will continued court victories strengthen state attorneys general positions against federal executive actions?

Freedom-Loving Beachwear by Red Beach Nation - Save 10% With Code RVM10