Washington, D.C. — A federal judge has determined that Elon Musk and the Department of Government Efficiency (DOGE) likely violated the U.S. Constitution by attempting to shut down the U.S. Agency for International Development (USAID).
U.S. District Judge Theodore Chuang issued a ruling in favor of over two dozen current and former USAID employees and contractors who challenged the abrupt shutdown led by Musk and DOGE. President Trump previously appointed Musk as a senior White House adviser and publicly declared him as the leader of the task force overseeing the closure.
In a 68-page decision, Judge Chuang granted a partial preliminary injunction, finding that Musk and DOGE likely breached the Constitution’s Appointments Clause and disrupted the separation of powers. As a result, the court ordered the immediate restoration of email access, payments, and other electronic systems for current USAID employees and contractors. Furthermore, DOGE and Musk are barred from taking further steps to dismantle USAID without clear authorization from a legally appointed agency official.
The judge also prohibited the firing of USAID employees, closure of its offices, deletion of online content, and tampering with agency records. The Trump administration is expected to appeal the ruling.
Constitutional Concerns
Judge Chuang underscored that Musk’s actions likely exceeded the constitutional bounds of his role. According to the Constitution’s Appointments Clause, significant governmental authority must be exercised by duly appointed officers approved by the Senate. The judge expressed concerns that Musk, despite lacking formal legal authority, had unilaterally made decisions impacting a federal agency.
“If a president could avoid Appointments Clause oversight by using advisers to exercise government authority without proper appointments, it would render the clause meaningless,” Chuang stated.
Legal Victory for USAID Employees
Norm Eisen, chair of the State Democracy Defenders Fund, which represented the USAID employees, called the ruling a crucial win against what he described as “illegal overreach” by Musk and DOGE.
“The reckless dismantling of USAID is not only harming the agency’s operations but also undermining governmental stability,” Eisen remarked.
USAID, established in 1961, faced a 90-day freeze on foreign assistance funding initiated by DOGE. This decision negatively impacted numerous nonprofit organizations, aid groups, and businesses dependent on USAID funding. Additionally, the DOGE task force gained access to the agency’s financial and personnel systems, deactivated employee emails, and physically occupied USAID headquarters using Customs and Border Protection personnel.
Musk’s Expanding Role Under Scrutiny
Musk’s involvement with DOGE has drawn increasing legal scrutiny. While Trump positioned Musk as DOGE’s leader, Justice Department lawyers argued that Musk served only as a senior adviser without formal authority. However, evidence presented in court suggested otherwise.
Chuang highlighted Musk’s direct role in shutting down USAID operations and making similar unilateral decisions, including the closure of the Consumer Financial Protection Bureau headquarters. Further reports indicated Musk and DOGE dismissed employees from other federal agencies like the Department of Agriculture and the National Nuclear Security Administration.
“The evidence suggests that Musk went beyond an advisory role and exercised significant decision-making authority without legal appointment,” Chuang wrote.
Violation of Congressional Authority
The judge also noted that Congress holds the exclusive authority to dissolve federal agencies. By attempting to dismantle USAID without legislative approval, Musk and DOGE disregarded the constitutional separation of powers.
“There is no statute authorizing the executive branch to shut down USAID,” Chuang asserted. “Congress alone has the constitutional power to decide the fate of agencies it has established.”
Security Concerns and Misconduct Allegations
Further concerns were raised regarding the handling of sensitive information. Court findings revealed that DOGE members accessed classified information without proper security clearances, including restricted areas. In one instance, a USAID employee reported that DOGE staff unauthorizedly entered secure facilities.
Chuang warned of the potential risks posed by the mishandling of classified data, adding that DOGE’s actions demonstrated a disregard for security protocols.
What’s Next?
While the injunction temporarily halts the shutdown of USAID, legal battles are expected to continue. The White House and DOGE may pursue an appeal in an effort to overturn the ruling.
For now, the court’s decision stands as a strong rebuke of the administration’s attempts to bypass constitutional processes, ensuring the protection of USAID employees and the agency’s operations.