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Judge Determines That DOGE’s USAID Disbandment May Violate the Constitution

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Federal Judge Halts Cuts to USAID Amid Controversy Over Administrative Overreach

WASHINGTON — A federal judge’s ruling on Tuesday deemed that the efforts to dismantle the U.S. Agency for International Development (USAID) by Elon Musk’s Department of Government Efficiency (DOGE) likely breached constitutional provisions. The judge issued a preliminary injunction that indefinitely prevents DOGE from making additional cuts to the agency.

The court’s order mandates the restoration of email and computer access for all USAID employees, including those currently placed on administrative leave. However, it does not reinstate those who were fired or fully restore the agency’s operations.

U.S. District Judge Theodore Chuang, presiding in Maryland, noted that Musk cannot simply be viewed as an adviser to President Donald Trump in this context. Chuang affirmed that Musk appears to maintain significant control over DOGE, citing a social media post from Musk where he stated that he had “fed USAID into the wood chipper.”

The judge indicated that the recent actions have compromised USAID’s ability to fulfill critical functions mandated by law. Chuang emphasized that the evidence supports the conclusion that USAID is, in effect, being dismantled.

The lawsuit was initiated by employees and contractors from USAID, asserting that Musk and DOGE are exercising power that the Constitution reserves for elected officials or those confirmed by the Senate. Their legal team remarked that the ruling effectively obstructs many measures taken to undermine the agency.

The Trump administration has framed DOGE’s initiatives as a means to uncover and eliminate waste, fraud, and abuse within the federal government — a narrative that aligns with the campaign platform contributing to Trump’s victory in the 2024 election. As of now, there has been no official response from the White House or DOGE regarding this ruling.

Musk, supported by Trump appointee Pete Marocco, has been pivotal in recent months as the administration has actively sought to dismantle USAID. For instance, early actions included placing the agency’s top security personnel on leave after they attempted to prevent DOGE staff from accessing sensitive documents related to USAID’s operations.

The push by DOGE and the administration resulted in widespread layoffs and enforced leave for the majority of USAID personnel, terminating what the State Department reported as over 83% of the agency’s program contracts. This series of actions is viewed as part of a larger effort to dismantle a vital institution responsible for foreign assistance for over 60 years.

On Inauguration Day, Trump issued an executive order to freeze foreign assistance funding and review all U.S. aid efforts abroad, alleging that many programs were misallocated and promoted a liberal agenda. Critics, particularly Democratic lawmakers, contend that Trump overstepped his authority by withholding funds already approved by Congress.

Judge Chuang remarked that DOGE’s rapid actions against USAID have likely undermined public interest, stripping elected officials of their constitutional authority to determine the fate of an agency established by Congress.

The lawsuit was brought forth by the State Democracy Defenders Fund. Norm Eisen, executive chair of the fund, described the ruling as a significant step against DOGE and a crucial finding that Musk’s actions infringe upon the Constitution’s Appointments Clause, which requires presidential endorsement and Senate confirmation for specific public roles.

Eisen criticized the administration’s heavy-handed approach, stating, “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.”

In support of the agency, Abby Maxman from Oxfam America emphasized the urgent need for reinstating staffing and funding, noting that the funding freeze and program reductions are already leading to critical repercussions for millions globally.

Source
abcnews.go.com

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