Topline
A federal judge ordered the Trump administration to restore the U.S. Agency for International Development’s functionality Tuesday, at least as litigation moves forward, ruling that billionaire Elon Musk and his Department of Government Efficiency’s broad steps to dismantle the foreign aid agency “likely violated the United States Constitution in multiple ways.”
White House Senior Advisor Elon Musk walks to the White House after landing in Marine One on the … [+] South Lawn on March 9 in Washington, DC.
Key Facts
Maryland-based Judge Theodore D. Chuang issued an injunction Tuesday in response to a lawsuit brought by former USAID employees and contractors, who argued Musk’s takeover of USAID—whose functions the Trump administration has largely shut down—was unconstitutional, claiming Musk’s does not have the lawful authority needed to “slash and burn” the federal agency.
Chuang agreed, ruling Musk and DOGE’s actions “likely violated the Constitution” and inflicted harm on the plaintiffs, and blocked the Trump administration from taking further steps to dismantle the agency while the litigation moves forward.
The Trump administration alleged in court that Musk and DOGE are not personally responsible for the cuts to USAID, as the Trump administration has more broadly sought to distance Musk from the widespread cuts to the federal government and characterized his and DOGE’s role in the federal government as “advisory,” claiming they just make recommendations that are then lawfully carried out by federal agencies.
Chuang expressed skepticism of that argument, noting Musk and DOGE officials appear to be singularly responsible for the decisions to close USAID’s headquarters and take down its website—while conceding agency officials made other decisions, like pausing foreign aid—and pointing to other actions Musk’s group has taken throughout the government, writing the evidence “shows or strongly suggests that Musk and DOGE, despite their allegedly advisory roles, have taken … unilateral actions without any apparent authorization from agency officials.”
The judge ordered the Trump administration to restore USAID employees’ access to email and other electronic systems and prohibited DOGE officials from sharing any private information about USAID employees, along with ordering the Trump administration not to take any further steps to fire USAID employees, close USAID buildings, terminate contracts or grants or delete anything from the agency’s website or electronic records.
Chuang also ordered that any further changes to USAID must be expressly authorized by an employee of the agency, but rejected the plaintiffs’ request to provide even more sweeping relief, like categorically blocking all of the agency’s layoffs, believing that to be too overbroad.
How Has Elon Musk Responded?
Musk has not offered a full response to Chuang’s order yet, but the billionaire shared a post on X by right-wing commentator Charlie Kirk, who said of the ruling’s declaration that Musk’s actions violated the Constitution: “In case it wasn’t explicit enough that the only two clauses of the left’s constitution were ‘thou shalt have open borders’ and ‘All American money will be sent abroad.’” “Indeed,” Musk wrote in response to the post.
What To Watch For
The lawsuit over USAID is still moving forward, and Chuang or a higher appeals court judge could still issue further rulings that either uphold the Trump administration’s moves or order the government to do even more to restore USAID’s functionality. The case is also one of several lawsuits that broadly take aim at Musk’s authority over the federal government, with other cases similarly characterizing the billionaire as an “agent of chaos” who has exercised broad authority over the federal government despite a lack of authority to do so. Those cases are also still pending, and no sweeping rulings have yet been issued that would curb Musk’s authority.
What Has The Trump Administration Said About Elon Musk’s Authority?
The Justice Department has taken pains in court to distance Musk from DOGE cuts. Musk “has no greater authority than other senior White House advisors” and can’t “make government decisions himself,” DOJ attorneys have said in court filings, also alleging Musk is not an “employee of the U.S. DOGE Service” or the “U.S. DOGE Service Administrator.” The government has struggled to articulate in court who is running DOGE if not Musk, however. Chuang previously said during a February hearing in the case that it was “highly suspicious” that the Trump administration could not say who the head of DOGE was when the cuts to USAID were carried out. Trump held a meeting with Musk and Cabinet officials on March 6 in which he reportedly emphasized that they were the ones making final decisions on cuts to their agencies, with Musk and DOGE only serving an advisory role, bolstering the administration’s claims in court. The president then undercut himself hours later, however, telling reporters that while agency heads should “go first” in making cuts to their agencies, “Elon and the group will be watching them, and if they can cut, it’s better, and if they don’t cut, then Elon will do the cutting.”
Key Background
Musk and DOGE’s dismantling of USAID was one of the first flashpoints in the Musk-helmed group’s widespread cuts to the federal government, as the Trump administration put all of the agency’s staffers on administrative leave, cut off its work worldwide, severed contracts and closed the agency’s headquarters, among other moves. USAID, which has long provided aid and assistance to countries around the world, became a right-wing target, with Musk and other Trump allies repeatedly claiming without credible evidence the agency was subject to widespread fraud and abuse. “USAID is/was a radical-left political psy op,” Musk wrote on X on Feb. 3, for instance, while Trump has claimed the agency is run by “radical left lunatics” and was subject to “fraud.” Health officials have warned cuts to the agency’s funding will “cost millions of lives around the world,” pointing to USAID-funded programs that help stop pandemics, protect people in combat zones and protect vulnerable populations from dying from preventable diseases, among other work.
Further Reading
ForbesMusk Can’t Fire Employees, Trump Reportedly Tells Cabinet Secretaries. Here’s Likely Why He’s Saying This.By Alison DurkeeForbesIs Elon Musk Running DOGE? Press Secretary Won’t ‘Reveal’ Agency Administrator After DOJ Tells Court They Don’t Know Who’s Making DecisionsBy Alison DurkeeForbesUSAID Controversy Live Updates: Judge Orders Trump Administration To Temporarily Restore Foreign Aid FundingBy Siladitya Ray
Topline
A federal judge ordered the Trump administration to restore the U.S. Agency for International Development’s functionality Tuesday, at least as litigation moves forward, ruling that billionaire Elon Musk and his Department of Government Efficiency’s broad steps to dismantle the foreign aid agency “likely violated the United States Constitution in multiple ways.”
White House Senior Advisor Elon Musk walks to the White House after landing in Marine One on the … [+] South Lawn on March 9 in Washington, DC.
Key Facts
Maryland-based Judge Theodore D. Chuang issued an injunction Tuesday in response to a lawsuit brought by former USAID employees and contractors, who argued Musk’s takeover of USAID—whose functions the Trump administration has largely shut down—was unconstitutional, claiming Musk’s does not have the lawful authority needed to “slash and burn” the federal agency.
Chuang agreed, ruling Musk and DOGE’s actions “likely violated the Constitution” and inflicted harm on the plaintiffs, and blocked the Trump administration from taking further steps to dismantle the agency while the litigation moves forward.
The Trump administration alleged in court that Musk and DOGE are not personally responsible for the cuts to USAID, as the Trump administration has more broadly sought to distance Musk from the widespread cuts to the federal government and characterized his and DOGE’s role in the federal government as “advisory,” claiming they just make recommendations that are then lawfully carried out by federal agencies.
Chuang expressed skepticism of that argument, noting Musk and DOGE officials appear to be singularly responsible for the decisions to close USAID’s headquarters and take down its website—while conceding agency officials made other decisions, like pausing foreign aid—and pointing to other actions Musk’s group has taken throughout the government, writing the evidence “shows or strongly suggests that Musk and DOGE, despite their allegedly advisory roles, have taken … unilateral actions without any apparent authorization from agency officials.”
The judge ordered the Trump administration to restore USAID employees’ access to email and other electronic systems and prohibited DOGE officials from sharing any private information about USAID employees, along with ordering the Trump administration not to take any further steps to fire USAID employees, close USAID buildings, terminate contracts or grants or delete anything from the agency’s website or electronic records.
Chuang also ordered that any further changes to USAID must be expressly authorized by an employee of the agency, but rejected the plaintiffs’ request to provide even more sweeping relief, like categorically blocking all of the agency’s layoffs, believing that to be too overbroad.
How Has Elon Musk Responded?
Musk has not offered a full response to Chuang’s order yet, but the billionaire shared a post on X by right-wing commentator Charlie Kirk, who said of the ruling’s declaration that Musk’s actions violated the Constitution: “In case it wasn’t explicit enough that the only two clauses of the left’s constitution were ‘thou shalt have open borders’ and ‘All American money will be sent abroad.’” “Indeed,” Musk wrote in response to the post.
What To Watch For
The lawsuit over USAID is still moving forward, and Chuang or a higher appeals court judge could still issue further rulings that either uphold the Trump administration’s moves or order the government to do even more to restore USAID’s functionality. The case is also one of several lawsuits that broadly take aim at Musk’s authority over the federal government, with other cases similarly characterizing the billionaire as an “agent of chaos” who has exercised broad authority over the federal government despite a lack of authority to do so. Those cases are also still pending, and no sweeping rulings have yet been issued that would curb Musk’s authority.
What Has The Trump Administration Said About Elon Musk’s Authority?
The Justice Department has taken pains in court to distance Musk from DOGE cuts. Musk “has no greater authority than other senior White House advisors” and can’t “make government decisions himself,” DOJ attorneys have said in court filings, also alleging Musk is not an “employee of the U.S. DOGE Service” or the “U.S. DOGE Service Administrator.” The government has struggled to articulate in court who is running DOGE if not Musk, however. Chuang previously said during a February hearing in the case that it was “highly suspicious” that the Trump administration could not say who the head of DOGE was when the cuts to USAID were carried out. Trump held a meeting with Musk and Cabinet officials on March 6 in which he reportedly emphasized that they were the ones making final decisions on cuts to their agencies, with Musk and DOGE only serving an advisory role, bolstering the administration’s claims in court. The president then undercut himself hours later, however, telling reporters that while agency heads should “go first” in making cuts to their agencies, “Elon and the group will be watching them, and if they can cut, it’s better, and if they don’t cut, then Elon will do the cutting.”
Key Background
Musk and DOGE’s dismantling of USAID was one of the first flashpoints in the Musk-helmed group’s widespread cuts to the federal government, as the Trump administration put all of the agency’s staffers on administrative leave, cut off its work worldwide, severed contracts and closed the agency’s headquarters, among other moves. USAID, which has long provided aid and assistance to countries around the world, became a right-wing target, with Musk and other Trump allies repeatedly claiming without credible evidence the agency was subject to widespread fraud and abuse. “USAID is/was a radical-left political psy op,” Musk wrote on X on Feb. 3, for instance, while Trump has claimed the agency is run by “radical left lunatics” and was subject to “fraud.” Health officials have warned cuts to the agency’s funding will “cost millions of lives around the world,” pointing to USAID-funded programs that help stop pandemics, protect people in combat zones and protect vulnerable populations from dying from preventable diseases, among other work.
Further Reading
ForbesMusk Can’t Fire Employees, Trump Reportedly Tells Cabinet Secretaries. Here’s Likely Why He’s Saying This.By Alison DurkeeForbesIs Elon Musk Running DOGE? Press Secretary Won’t ‘Reveal’ Agency Administrator After DOJ Tells Court They Don’t Know Who’s Making DecisionsBy Alison DurkeeForbesUSAID Controversy Live Updates: Judge Orders Trump Administration To Temporarily Restore Foreign Aid FundingBy Siladitya Ray
