Originally posted by the Voice of America.
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US Court Blocks Government Media Chief from Replacing Technology Fund Board

Ken Bredemeier

   WASHINGTON - A U.S. appellate court in Washington on Tuesday blocked
   the new chief executive of the U.S. Agency for Global Media(USAGM)from
   installing his appointees to oversee a government-funded organization
   that advances technology to promote internet freedom across the world.

   The U.S Court of Appeals overturned alower court ruling, enjoining the
   USAGM leader, Michael Pack, from replacing the previously existing
   leadership of the Open Technology Fund, one of several global media
   agencies he oversees. Voice of America is one of the USAGM entities but
   is not affected by the new ruling.

   The appellate decision is temporary, pending further consideration of
   the merits of the case against Pack's attempt to reconfigure the Open
   Technology Fund's board. But itappears to reinstate the OTF's previous
   board while a lawsuit over the matter proceeds in court.

   The decisionwas the firstlegalsetback for Pack's effort toassertcontrol
   of USAGM since he assumed office in June.

   Earlier this month, U.S. District Judge Beryl Howell rejected a request
   by the OTF's existing board members to block Pack's move to replace
   them. Howell ruled that Congress gave the USAGM chief executive officer
   definitive authority to control USAGM's entities and that if Congress
   did not like Pack's actions,it could limit his authority through
   further legislation.

   Howell noted, "Congress has decided to concentrate unilateral power in
   the USAGM CEO, and the court cannot override that determination."

   The appellate court, however, said Pack seems to lack the same
   authority over the internet-focused nonprofit Open Technology Fund that
   he has over the other government-funded global media organizations.

   "OTF is not a broadcaster '¦ and is not sufficiently similar to the
   broadcast entities expressly listed" in the law that controls the USAGM
   chief executive's actions, a three-judge panel ruled. Pack's "statutory
   authority '¦ does not seem to include control of OTF's board or
   operations."

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