Howell indicated Tuesday that she was not yet convinced by either argument. “Ambiguity persists given the paucity of apposite law regarding USIP's proper classification as an ‘independent establishment’ or ‘Government corporation’ that rests outside of or within the executive branch and whether it qualifies as an agency,” she wrote. Howell had previously declined a USIP request for a temporary restraining order that would have reinstated the institute’s board.

Tuesday’s ruling does not mean that some or all of these transfers are necessarily permanent. “This issue will be more fully addressed in the expedited summary judgment briefing being prepared by the parties,” Howell said, suggesting that the fate of USIP property will ultimately be decided along with a larger ruling on whether the board should be reinstated.

Foote says he believes USIP can get the building back if Howell ultimately rules in USIP's favor, although he anticipates challenges even then. “Who knows, they might try to sell the building. They can complicate the title, they can make it very hard for us to fix things,” Foote claims. “That’s something we’ll have to deal with if we get to it.”

Howell’s final ruling in the case is expected to come at the end of April.