In a recent ruling, a federal district judge in Maryland determined that Elon Musk and his Department of Government Efficiency (DOGE) may have violated the United States Constitution by trying to abolish an agency focused on distributing foreign aid.
Judge Theodore Chuang issued a preliminary decision in response to a complaint filed by 26 employees and contractors of the US Agency for International Development (USAID). According to Chuang, the actions taken by Musk and DOGE to swiftly shut down USAID, including the closure of its headquarters without proper authorization, likely breached the Constitution in multiple ways.
Chuang noted that not only were the plaintiffs harmed by these actions, but the “public interest” was also compromised. He pointed out that DOGE and Musk disregarded Congress’ constitutional authority to make decisions regarding the closure of an agency created by Congress.
As a result of this ruling, the judge approved a temporary injunction to halt further staff cuts, contract terminations, building closures, and destruction of materials related to USAID by DOGE and Musk. This injunction aims to maintain the status quo and prevent a premature shutdown of USAID.
This decision dealt a significant blow to Musk, who holds a somewhat ambiguous role in the government but wields substantial power due to his close ties to President Donald Trump. As a tech billionaire and one of the wealthiest individuals globally, Musk serves as a “special government employee,” a position often given to external advisers.
In this capacity, Musk has spearheaded a large-scale effort through DOGE to restructure the federal government by reducing its workforce, terminating contracts, and attempting to close entire agencies. USAID was one of the primary targets in this restructuring campaign.
Following Trump’s presidential order to freeze foreign aid for 90 days, Musk became the driving force behind the push to shut down USAID entirely. He made inflammatory statements on social media, calling USAID a “criminal organization” and advocating for its demise.
By the end of February, USAID’s headquarters in Washington, DC, had effectively shut down, resulting in mass layoffs and contract cancellations. Secretary of State Marco Rubio later announced a significant reduction in USAID contracts.
In justifying these cuts, Musk and Trump have accused government departments and agencies of “waste” and “fraud” without substantial evidence. Judge Chuang ruled that Musk’s actions likely violated the constitutional principle of Separation of Powers due to USAID’s status as an independent agency established under Congress’s Foreign Assistance Act.
As part of the injunction, DOGE was required to restore USAID employees’ access to electronic systems and retrieve any deleted emails. Yet, Trump supporters criticized Judge Chuang for his decision, with Musk echoing these sentiments on social media.
In conclusion, the ruling highlights the ongoing legal battle surrounding DOGE’s attempts to dismantle USAID and the potential constitutional implications of such actions.
