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WASHINGTON: The dismantling of the US Agency for International Development by billionaire Elon Musk’s Department of Government Efficiency likely violated the Constitution, a federal judge ruled Tuesday as he indefinitely blocked DOGE from making further cuts to the agency.
The order requires the Trump administration to restore email and computer access to all employees of USAID, including those put on administrative leave, though it appears to stop short of reversing firings or fully resurrecting the agency.
In one of the first DOGE lawsuits against Musk himself, US District Judge Theodore Chuang in Maryland rejected the Trump administration’s position that Musk is merely President Donald Trump’s adviser.
Musk’s public statements and social media posts demonstrate that he has “firm control over DOGE,” the judge found pointing to an online post where Musk said he had “fed USAID into the wood chipper.”
The judge acknowledged that it’s likely that USAID is no longer capable of performing some of its statutorily required functions.
“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote in the preliminary injunction.
The lawsuit filed by USAID employees and contractors argued that Musk and DOGE are wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate. Their attorneys said the ruling “effectively halts or reverses” many of the steps taken to dismantle the agency.
The administration has said that DOGE is searching for and rooting out waste, fraud and abuse in the federal government, consistent with the campaign message that helped Trump win the 2024 election. The White House and DOGE did not immediately respond to a request for comment on the ruling.
Musk, his team and Trump political appointee Pete Marocco have played a central role in the two-month dismantling of USAID. In one instance in early February, the administration placed the agency’s top security officials on forced leave after they tried to block DOGE workers from accessing USAID’s classified and sensitive documents.
The administration, with Musk’s and DOGE’s support, went on to order all but a fraction of the agency’s staffers off the job through forced leaves and firings, and terminated what the State Department said was at least 83 percent of USAID’s program contracts.
The moves were part of a broader push by Musk and the Trump administration to eradicate the six-decade-old foreign assistance agency and most of its work overseas.
Trump on Inauguration Day issued an executive order directing a freeze of foreign assistance funding and a review of all US aid and development work abroad, charging that much of foreign assistance was wasteful and advanced a liberal agenda.
Democratic lawmakers and other supporters of USAID have argued Trump had no authority to withhold funding that Congress already approved.
Chuang said DOGE’s and Musk’s fast-moving destruction of USAID likely harmed the public interest by depriving elected lawmakers of their “constitutional authority to decide whether, when and how to close down an agency created by Congress.”
The lawsuit was filed by the State Democracy Defenders Fund. Norm Eisen, the nonprofit’s executive chair, said the ruling is a milestone in pushback to DOGE and the first to find that Musk’s actions violate the Constitution’s Appointments Clause, which mandates presidential approval and Senate confirmation for certain public officials.
“They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but the majority of Americans who count on the stability of our government,” he said in a statement.
Oxfam America’s Abby Maxman in a statement urged all staffing and funding to be reinstated. “The funding freeze and program cuts are already having life or death consequences for millions around the world,” said the chief executive of the humanitarian group.