A federal judge raised serious constitutional concerns on Monday over the structure and operation of the U.S. Department of Government Efficiency Service (DOGE), a controversial agency tied to Elon Musk and spearheaded by the Trump administration.
During a nearly three-hour hearing in Washington, D.C., District Judge Colleen Kollar-Kotelly, an appointee of President Bill Clinton, pressed administration officials for clarity on who exactly oversees DOGE and whether its actions are lawful under the Appointments Clause of the U.S. Constitution. This clause requires that officials running federal agencies be confirmed by the Senate.
“Based on the limited record I have before me, I have some concerns about the constitutionality of the DOGE Service’s structure and operation,” Kollar-Kotelly said.
What’s the Issue?
The lawsuit, brought by federal employee unions and retiree groups, challenges DOGE’s access to the Treasury Department’s sensitive systems—specifically those that manage trillions of dollars in federal payments.
At the heart of the legal challenge are two key concerns:
- Who truly controls DOGE?
- Does DOGE have legal authority to access sensitive Treasury systems?
While the Justice Department (DOJ) claims that Elon Musk is merely a “close adviser to the president,” Judge Kollar-Kotelly questioned that assertion by pointing to multiple public statements made by President Trump and Musk himself. In particular, she referenced Trump’s recent remarks at a financial conference in Miami:
“I put a man named Elon Musk in charge of DOGE,” Trump said.
Kollar-Kotelly challenged government attorneys, asking:
“What representation do I rely on? I would hope that by now we would know the structure of the U.S. DOGE Service.”
Who’s Really Running DOGE?
The administration maintains that Tom Krause, CEO of Cloud Software Group, is officially leading the Treasury Department’s DOGE team and reports directly to Treasury Secretary Scott Bessent, who was confirmed by the Senate.
However, the judge highlighted a sworn statement from Krause, in which he admitted that he regularly coordinates with the DOGE Service and receives “high-level policy direction” from officials within DOGE—raising doubts about who holds the real authority behind the scenes.
The Legal Challenges Ahead
The lawsuit claims that DOGE’s access to Treasury systems could be illegal for two primary reasons:
- Unconstitutional appointments: The plaintiffs argue that DOGE is being led by individuals, including Musk, who have not been confirmed by the Senate as required by the Constitution.
- Violation of administrative law: A separate case in Manhattan has already resulted in a judge blocking DOGE’s access to the payment system, citing potential violations of the Administrative Procedure Act (APA).
Judge Kollar-Kotelly said on Monday that the plaintiffs—federal employee unions and retiree groups—appear to have standing to bring their case. She ordered the Treasury Department to submit, by March 10, a detailed record explaining how Treasury Secretary Bessent decided to grant DOGE access to the payment systems.
Temporary Restrictions and Future Decisions
For now, Kollar-Kotelly has imposed temporary restrictions on DOGE’s ability to access Treasury’s financial systems. However, she has yet to rule on whether to grant a preliminary injunction that would block DOGE’s access altogether.
In parallel, Judge Jeannette Vargas in Manhattan has already issued a broader block, ruling on Friday that the Treasury Department likely violated federal administrative law by allowing DOGE access to payment systems without proper procedural review.
