DOGE-Related Dismantling of USAID Likely Violated Constitution: Judge

A federal judge said on March 18 that Elon Musk and his Department of Government Efficiency (DOGE) team likely violated the U.S. Constitution by moving to dismantle the U.S. Agency for International Development (USAID).

Government officials had argued that dismantling USAID fit within the president’s authority to conduct foreign affairs, as outlined in Article II of the Constitution.

Chuang said, however, that the actions at issue “relate largely to the structure of and resources made available to a federal agency, not to the direct conduct of foreign policy or engagement with foreign governments.”

The preliminary injunction will be repealed if within 14 days the defendants secure a signed ratification of the decision to close the offices from the acting administrator of USAID or another official “with the authority to do so on behalf of USAID.”

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The federal government can appeal the injunction.

The White House did not respond to a request for comment.

Upon his return to the White House, Trump in executive orders established DOGE within his office and ordered agencies to work with the department to improve efficiency and reduce waste.

Trump has said Musk is leading DOGE, while government officials say Amy Gleason, DOGE’s administrator, is the head of the department and that Musk is a presidential adviser.

Chuang found that Musk wielded significant authority despite not being confirmed to a high-level position by the U.S. Senate, in violation of the Constitution’s Appointments Clause.

“Evidence presently favors the conclusion that contrary to Defendants’ sweeping claim that Musk has acted only as an advisor, Musk made the decisions to shutdown USAID’s headquarters and website even though he ‘lacked the authority to make that decision,’” Chuang wrote.

The dismantling of USAID resulted in harm to the plaintiffs, according to court filings. One was said to face the shutoff of phone, electricity, and internet, leaving the employee without a security system despite being stationed in a high-risk area of Central America.

Another plaintiff has not been paid the remainder of unused annual leave and expressed concern that it will never be paid because “there is hardly anyone left in the agency to process these payments.”

Mimi Marziani, a lawyer with Marziani, Stevens, & Gonzalez PLLC who is helping represent the plaintiffs, said in a statement emailed to The Epoch Times: “We are proud to stand up for the plaintiffs and the Constitution, which is designed to guard against these very sorts of abuses because our nation depends upon a government for all, not for a few.”