A federal judge has rejected the Trump administration’s attempt to dismiss a lawsuit challenging Elon Musk’s authority to exercise executive power as head of the Department of Government Efficiency.
U.S. District Judge Tanya Chutkan used President Donald Trump’s own words against him when she denied the government’s motion to dismiss on Monday, ruling that more than a dozen state attorneys general and several nonprofits have sufficient evidence to pursue claims that Musk illegally wielded power without Senate confirmation, reported The Daily Beast.
The plaintiffs argue that Musk, who headed DOGE during the early months of Trump’s second term, exercised authority equivalent to a Senate-confirmed Cabinet official in violation of the Constitution’s Appointments Clause. They contend DOGE terminated federal grants, fired employees, dismantled agencies and undertook other official actions “despite lacking lawful authority.”
In her ruling, Chutkan rejected the government’s argument that allegations against DOGE were merely “bare assertions” unsupported by evidence. She pointed to public statements by Trump, DOGE officials, and other administration representatives as proof that DOGE had seized expansive governmental authority.
“The head of DOGE is not merely an influential advisor who counsels the President and then communicates the President’s decisions to government officers,” Chutkan wrote, emphasizing instead that evidence suggested DOGE leadership personally “makes decisions and issues directives on matters as weighty as the termination of federal grants, contracts, and workers.”
The judge cited DOGE officials’ own public statements bragging about terminating a $2.3 million contract and “shutting [USAID] down” as evidence supporting the plaintiffs’ claims.
The ruling allows discovery to continue on two remaining claims regarding Appointments Clause violations. However, Chutkan dismissed two other claims alleging DOGE violated the Administrative Procedure Act and constitutional separation of powers provisions.
Musk resigned from DOGE in May after his term as a special government employee expired, and his relationship with the president then deteriorated before reportedly improving through the tech mogul’s substantial donations to Republican candidates.
The Justice Department and White House did not respond to requests for comment.
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