Home DOGE Musk’s Role In Dismantling AID Agency Likely Violated Constitution, Judge Finds

Musk’s Role In Dismantling AID Agency Likely Violated Constitution, Judge Finds

Judge Theodore D. Chuang said that Elon Musk’s rapid assertion of power over executive agencies was in violation of the Constitution’s appointments clause. (Credit...Jason Andrew for The New York Times)
Efforts by Elon Musk and his team to permanently shutter the United States Agency for International Development likely violated the Constitution “in multiple ways” and robbed Congress of its authority to oversee the dissolution of an agency it created, a federal judge found on Tuesday.

The ruling by Judge Theodore D. Chuang of U.S. District Court for the District of Maryland appeared to be the first time a judge has moved to rein in Mr. Musk and his Department of Government Efficiency directly. It was based on the finding that Mr. Musk has acted as an officer of the United States without being properly appointed to that role by President Trump.

Judge Chuang wrote that a group of unnamed aid workers who had sued to stop the demolition of U.S.A.I.D. and its programs were likely to succeed in the lawsuit. He agreed with their contention that Mr. Musk’s rapid assertion of power over executive agencies was likely in violation of the Constitution’s appointments clause.

The judge also ordered that agency operations be partially restored — though that reprieve is likely temporary. He ordered Mr. Musk’s team to reinstate email access to all current U.S.A.I.D. employees, including those on paid leave. He also ordered them to submit a plan for employees to reoccupy a federal office from which they were evicted last month, and he barred Mr. Musk’s team from engaging in any further work “related to the shutdown of U.S.A.I.D.”

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Given that much of the agency’s work force and contracts have already been terminated, it was not immediately clear what effect the judge’s ruling would have. Only a skeleton crew of workers are still employed by the agency.

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