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A federal judge on Tuesday ruled that Elon Musk and the so-called “department of government efficiency” (Doge) likely violated the US constitution by shutting down USAid, ordering the Trump administration to reverse some of the actions it took to dismantle the agency.
The decision by US district judge Theodore Chuang was sweeping in its scope and marked a major setback for the administration’s signature takedown in its effort to bulldoze through the federal government.
As part of an injunction that directed the Trump administration to reverse course, the judge halted efforts to terminate USAid officials and contractors, and reinstate former employees’ access to their government email, security and payment systems.
The judge also compelled the administration to allow USAid to return to its currently shuttered headquarters at the Ronald Regan building in the event that the underlying case challenging the closure of the agency was successful. The administration is expected to appeal the ruling.
At issue in the lawsuit, brought by more than two dozen unnamed former USAid employees in federal district court in Maryland, was Musk’s role in overseeing the deletion of the USAid website and the shut down of its headquarters.
Chuang wrote in his 68-page opinion that Musk had likely violated the appointments clause of the constitution by effectively acting with the far-reaching powers of an “officer of the United States”, a designation that requires Senate confirmation.
“If a president could escape appointments clause scrutiny by having advisers go beyond the traditional role of White House advisors who communicate the president’s priority to agency heads,” Chuang wrote, “the appointments clause would be reduced to nothing more than a technical formality.”
The Trump administration has said for weeks that the moves to dismantle USAid were carried out by the agency’s leaders – currently secretary of state Marco Rubio and acting administrator Pete Marocco – who were implementing recommendations from Musk.
But Chuang rejected that contention with respect to the closure of USAid headquarters and the erasure of its website, saying that the administration provided no evidence that they were formally authorized by a USAid official.
“Under these circumstances, the evidence presently favors the conclusion that contrary to defendants’ sweeping claim that Musk acted only as an advisor, Musk made the decisions to shutdown USAID’s headquarters and website even though he ‘lacked the authority to make that decision,’” Chuang wrote.
The injunction follows six weeks of unprecedented turmoil at USAid, where 5,200 of 6,200 global programs were abruptly terminated, staff were locked out of facilities and systems, and employees reportedly received directives to destroy classified documents using shredders and “burn bags”.
The agency’s workforce has been decimated from over 10,000 to just 611 employees, with Rubio characterizing the remaining programs as “set for absorption” by the state department – what he recently praised as “overdue and historic reform”.
USAid’s headquarters became central to the controversy when multiple staffers told the Guardian in February that Customs and Border Protection (CBP) officials had been conducting extensive “walkthrough” tours to potentially take over the facility while agency employees remained barred entry.
Politico later reported that CBP had officially taken over the office space and signed a lease agreement, according to a CBP spokesperson. The court order’s 14-day deadline for the administration to confirm USAid could return to its building suggested the space may have already been reallocated.
The injunction also prohibits Doge from publishing unredacted personal information of USAid contractors and halts further dismantling actions, including terminations, contract cancellations, and permanent deletion of electronic records.
That may already be a serious exposure problem for Musk and the rest of Doge, as an internal email obtained by the Guardian revealed how staff had been instructed to spend the day destroying classified “SECRET” documents – potentially breaking compliance with the Federal Records Act, which prohibits destroying government records before their designated retention period, which is typically two years.
