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Elon Musk ’s part overseeing the Department of Government Efficiency ( DOGE ) is potential a usurpation of the U.S. Constitution ’s appointments clause , a federal judge wrote Tuesday .
Theodore Chuang , a judge in the U.S. District Court for the District of Maryland , wrote in anopinionthere is more than enough grounds — mostly from statements made by Musk and Donald Trump — that shows the world ’s richest mankind is really playact as the head of DOGE despite the authorities ’s claim he is merely a “ particular advisor to the chairman . ”
Chuang issued the thought in a example brought against Musk and DOGE by unidentified workers at the United States Agency for International Development ( USAID ) . The judge also save that the actions Musk has ingest in that role , like shutting down USAID — which Musk said he cast into the “ wood chipper ” — are therefore probably unconstitutional , too .
“ Musk has exerted actual authority at USAID that only a decently appointed Officer can exercise , ” he wrote . ( Officer of the United States is a legal distinction set out by the appointment clause . )
Chuang ’s opinion comes more than 50 days after Trump took office and allowed Musk to start cutting government agencieswith his DOGE squad . His opinion is the most direct shot across the prow of Musk and DOGE among the many lawsuits register over the retiring two months .
In his opinion , Chuang ordered the renovation of some of USAID ’s surgical process and confine Musk and DOGE from taking further steps to take down the agency .
It is unclear whether Musk and DOGE will follow that edict ; Musk and President Trump have spent the last few dayspostingonsocial mediaclaiming that judge who rule against their activeness should be impeached . Trump ’s promotion of that idea is so out of tune with the behavior of the presidents who ’ve premise him that Chief Justice of the Supreme Court John Roberts issued a uncommon public statement dress down him .
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“ For more than two C , ” Robertswrote , “ it has been found that impeachment is not an appropriate response to disagreement concerning a juridical conclusion . The normal appellate review process exists for that purpose . ”
