A federal judge has determined that actions by Elon Musk and the Department of Government Efficiency (DOGE) to close the U.S. Agency for International Development (USAID) likely breached constitutional principles. The ruling came after more than two dozen current and former USAID employees and contractors challenged the shutdown efforts led by DOGE and Musk, a senior adviser in the White House under President Trump.
Judge Theodore Chuang partially granted a preliminary injunction, stating that the actions probably violated the Constitution’s Appointments Clause and the separation of powers. He ordered Musk and DOGE to restore access to essential systems for USAID employees and contractors and prohibited them from taking further steps to shut down the agency without proper authorization.
The Trump administration is expected to appeal this decision. Chuang emphasized that allowing Musk to exercise significant authority without formal appointment undermines the Appointments Clause. Norm Eisen, representing the USAID employees, hailed the decision as a significant victory against what he described as unlawful actions by Musk and DOGE.
USAID was targeted early in President Trump’s initiative to reduce the federal government’s size. This led to a temporary halt in foreign aid funding, affecting numerous organizations. DOGE members accessed USAID's systems, placed employees on leave, and shut down its website, prompting the lawsuit.
Musk's role in DOGE has been scrutinized, with the White House naming Amy Gleason as its acting administrator amid questions about leadership. Judge Chuang noted Musk’s involvement in other agency closures and unauthorized actions, suggesting he made decisions beyond his advisory role.
The judge concluded that Musk’s actions likely violated the Appointments Clause, as he exercised authority without proper appointment. Chuang also highlighted the lack of congressional authorization for dismantling USAID, stressing that only Congress can eliminate agencies it has established.
Concerns were raised about DOGE’s access to sensitive information, with reports of unauthorized entry into secure areas. The judge warned of potential risks related to the mishandling of classified information by DOGE members.