Judge Seems Dubious of Assertions That Musk Isn’t Operating DOGE

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Judge Seems Dubious of Assertions That Musk Isn't Operating DOGE

A federal judge in Maryland has cast doubt on the Trump administration’s claims that Elon Musk has no formal role in a government task force responsible for mass firings and policy changes at the U.S. Agency for International Development (USAID).

Key Issue:

  • Judge Theodore D. Chuang questioned why the government could not identify who was leading the Department of Government Efficiency (DOGE) before the recent appointment of Amy Gleason as acting administrator.
  • Justice Department attorneys insist Musk has no official position, despite his direct involvement in major decisions.

Chuang’s response:

“It seems factually inaccurate to keep insisting Musk has no role when his directives are clearly being implemented.”

Musk’s Influence Over USAID & Government Restructuring

Musk’s Involvement Includes:

  • Emails directing federal employees to report their weekly accomplishments.
  • Orders to shut down USAID programs and terminate contracts.
  • Accessing sensitive agency data despite lacking a formal appointment.

Norm Eisen, attorney for the plaintiffs, argued:

“Musk is operating as one of the most powerful figures in U.S. history without any legal appointment.”

The USAID Lawsuit & Constitutional Challenges

Who Filed the Lawsuit?

  • 26 current and former USAID employees & contractors
  • Alleging that Musk’s de facto authority is unconstitutional under the Appointments Clause.

What’s Happening to USAID?

  • Hundreds of employees fired
  • 90% of the agency’s work eliminated
  • Termination of thousands of contracts and grants

Plaintiffs argue this is a “grave violation of separation of powers.”

Trump Administration’s Defense

Justice Department lawyer Joshua Gardner claims:

  • The USAID downsizing is a “reorganization,” not an elimination.
  • The Department of Government Efficiency (DOGE) is working within legal boundaries.
  • Musk is not an official government employee or appointee.

Chuang’s skeptical response:

“The wood chipper isn’t usually reorganization,” referencing Musk’s social media post about “feeding USAID into the wood chipper.”

Legal Battles Ongoing:

  • Plaintiffs requested a court order to prevent DOGE from accessing USAID systems & data.
  • Chief Justice John Roberts issued a temporary administrative stay on USAID funding cuts.
  • Further court rulings expected in the coming days.

Eisen warns:

“This is a made-up position leading a made-up superagency, and it’s unconstitutional.”

Source

Jaxon

Alberto Bufalino ('22) is from Durham, North Carolina, and is studying Political and International Affairs. He is the Managing Editor of the Wake Forest Review.

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