A federal judge on Tuesday determined that Elon Musk and the so-called “Government Efficiency” (DOGE) violated the US Constitution by shutting down USAID and ordered the Trump administration to reverse some of the actions it took to dismantle the agency.
The decision by US District Judge Theodore Chuan has wiped out its scope and marked a major set-off against the administration’s signature takedown that is about to bulldoze through the federal government.
As part of an injunction that directed the Trump administration to reverse the course, the judge halted efforts to fire USAID officials and contractors, regaining access to former employees’ government email, security and payment systems.
The judge also forced the government to allow USAID to return to the now closed headquarters of the Ronald Regan building if the underlying case that challenged the agency to be shut down was successful. The administration is expected to appeal the ruling.
The issue of the lawsuit filed by more than 20 unnamed former USAID employees in U.S. District Court in Maryland was the role of Mask, who oversees the removal of the USAID website and the closure of its headquarters.
Chuan wrote in his 68-page opinion that by acting effectively with the broad authority of “US officials,” Musk, a designation that requires confirmation by the Senate, it is likely that Musk has violated the constitutional appointment clause.
“I hope that the president can escape the appointment clause for advisors beyond the traditional role of White House advisers that communicate to agency directors,” Chuan wrote.
The Trump administration has said for weeks that the move to dismantle the USAID was made with current Secretary of State Marco Rubio and acting manager Pete Marrocco implementing recommendations from the mask.
However, Chuan refused that conflict regarding the closure of the USAID headquarters and erasure of its website, saying it did not provide evidence that the administration was formally approved by USAID officials.
“In these circumstances, the evidence now supports the conclusion that Musk has made the decision to close USAID headquarters and website despite “lacking the authority to make that decision,” despite the fact that Musk has “lack of authority to make that decision,” Chuan wrote.
The injunction continues to be an unprecedented turmoil for six weeks. USAID reports that 5,200 of the 6,200 global programs have ended abruptly, staff have been locked out of facilities and systems, and employees have received orders to use shedders and “burning bags” to destroy confidential documents.
The agency’s workforce has dropped from over 10,000 to just 611 employees, with Rubio characterising the remaining programs as “absorption settings” by the State Department.
USAID’s headquarters were central to the controversy in February when multiple staff members told the Guardian that Customs and Border Patrol (CBP) officials were doing extensive “walkthrough” tours to take over the facility, maintaining banned entries for agency employees.
According to a CBP spokesman, Politico later reported that CBP officially took over the office space and signed a lease agreement. The 14-day deadline for the administration’s 14-day order to ensure that USAID could return to the building suggests that space may already be reassigned.
The injunction also prohibits Doge from publishing unedited personal information of USAID contractors and further dismantles actions, including termination, cancellation of contracts, and permanent deletion of electronic records.
It could already be a serious exposure issue for masks and other Doges, as internal emails obtained by the Guardian could break compliance with federal records laws, which prohibit government records from destroying them, typically two years ago, before a designated retention period.
