Judge: Dismantling DOGE’s USAID Constitutional Violation

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    WASHINGTON — A federal judge has issued a ruling that may have significant implications for the future of the U.S. Agency for International Development (USAID). The judge determined that the widespread reductions initiated by billionaire Elon Musk’s Department of Government Efficiency (DOGE) probably breached constitutional provisions, and subsequently placed an indefinite halt on further attempts to dismantle the agency.

    This judicial order mandates the restoration of email and computer access for all USAID employees, including those who are currently on administrative leave. However, the ruling stops short of reinstating all those who were terminated or fully reinvigorating the agency altogether.

    In a notable legal confrontation involving Musk himself, U.S. District Judge Theodore Chuang in Maryland dismissed the Trump administration’s assertion that Musk is serving solely as an adviser to President Donald Trump. Chuang observed that Musk exhibits “firm control over DOGE,” citing a notable online declaration by Musk where he boasted about sending USAID “into the wood chipper.”

    Judge Chuang noted that it appears USAID can no longer carry out certain functions it is legally mandated to perform. He wrote in the preliminary injunction that “these facts support the conclusion that USAID has been effectively eliminated.”

    The lawsuit, propelled by USAID personnel and contractors, contended that both Musk and DOGE are exercising powers reserved for elected officials or those appointed by the Senate, which contravenes constitutional boundaries. Their legal representatives lauded the court’s decision as it halts or reverses most of the actions taken to dismantle the agency.

    The Trump administration maintains that DOGE is focused on identifying and squashing waste, fraud, and abuse in the federal government, aligning with Trump’s electoral message that earned him victory in the 2024 election. There was no immediate response from the White House or DOGE regarding the court’s decision.

    Both Musk and Trump appointee Pete Marocco have been critically involved in efforts spanning two months to dismantle USAID. Earlier in the year, agency security officials were placed on leave for attempting to prevent DOGE access to classified information. Eventually, with backing from Musk and DOGE, numerous staffers were either fired or put on forced leave, while at least 83% of USAID’s program contracts, according to the State Department, were canceled.

    These reductions are part of a broader strategy engaged by Musk and the Trump administration aimed at dissolving the foreign assistance agency and terminating most of its international programs. On Trump’s Inauguration Day, an executive order was released to freeze foreign assistance funding and scrutinize all U.S. international aid and development projects, based on concerns that these funds supported unproductive ventures and a liberal agenda.

    Opponents, including Democratic lawmakers and USAID advocates, argue Trump overstepped his bounds by withholding funds that Congress had already approved. Chuang highlighted that the aggressive dismantling actions of DOGE might impede public interest by undermining the constitutional authority of elected officials to make decisions about closing a congressionally established agency.

    The lawsuit was brought forth by the State Democracy Defenders Fund. Norm Eisen, serving as the nonprofit’s executive chair, hailed the ruling as a seminal victory against DOGE, recognizing it as the first to substantiate that Musk’s actions infringe on the Constitution’s Appointments Clause, which stipulates presidential and Senate approval for specific public roles.

    Eisen remarked in a statement that these actions are akin to conducting “surgery with a chainsaw instead of a scalpel,” causing harm not only to those served by USAID but also affecting the foundational stability Americans rely on from their government. Abby Maxman from Oxfam America also implored for the reinstatement of USAID’s staffing and funding, underscoring the potential life-threatening impacts of the funding stoppage on millions worldwide.