All of this has taken on an outsized sense of importance because it is becoming obvious that USAID is a slush fund that keeps the leftwing non-governmental organization ecosystem lubed while pushing progressive political and cultural issues abroad that frequently work against US interests. Trump's plan is to demolish this rogue agency whose supporters have even threatened a US senator; see YIKES: Listen As Joni Ernst Says She Was 'Threatened' by USAID People When She Started Asking Questions – RedState.

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The options available to President Trump are a) gut USAID and roll its functions into the State Department (HUGE: President Trump Considering Scaling Back USAID, Rolling Into State Dept. – RedState), or b) the crowd favorite, shut it down. He seems to be in the process of accomplishing a), but does he have the authority to do b)?

On social media, this issue frequently comes up like this.

That is a lie. This agency was created by JFK via executive order.

— Insurrection Barbie (@DefiyantlyFree) February 3, 2025

That would be nice if it were true. But it isn't. This is a rare occasion, maybe the only one on record, where Connolly is right.

There are two significant clues that USAID, no matter its history, is not working under an Executive Order from the Kennedy Administration. The first is that the US Senate must confirm the USAID administrator and the deputy administrator. The second clue is that it has a budget that is not merely a line item under the State Department or some other agency.

But let's look at the proof. Kennedy's Executive Order 10973 named the USAID. But read the first line carefully.

By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (75 Stat. 424) and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

This corresponds to a Congressional directive, the Foreign Assistance Act of 1961. That law required Kennedy to create a foreign aid organization to replace the hodgepodge then in existence. The law lists a wide range of international aid activities required by Congress and directs the president to put those functions under a single person.

The President may exercise any functions conferred upon him by this Act through such agency or officer of the United States Government as he shall direct. Tne head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. 

Section 301 of 3 USC gives the president the authority to structure federal agencies and applies to Senate-confirmed officials.

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

At this point, USAID was created by Congressional action, and the head required Senate confirmation.

Lest there be any doubt that USAID was a real agency, in 1997, Senator Jesse Helms sponsored the bill that became the Foreign Affairs and Restructuring Act of 1998. President Clinton signed it into law on October 21, 1998. The White House then implemented the act.

‘‘1–200. United States Agency for International Development. 

‘‘(a) The United States Agency for International Development is an independent establishment within the Executive branch. Any reference in the Act to the agency primarily responsible for administering part I of the Act, or to the Administrator of such agency, shall be deemed to be a reference to the United States Agency for International Development or to the Administrator of that agency, as appropriate. 

‘‘(b) The United States Agency for International Development shall be headed by an Administrator appointed pursuant to section 624(a) of the Act.

So, no, USAID wasn't created by Executive Order; it was created by law. An Executive Order organized it. That organization was modified by Congress in 1998, showing that it was an official agency. Its status as an independent agency was validated in President Clinton's order reorganizing some functions performed by USAID. From the beginning, the USAID administrator has required Senate approval and has had a budget.

Because Congress created the agency, President Trump will either gut it and leave the remnant alive or set off a direct conflict with Congress, which he may or may not want.