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Norms Impact

Elon Musk Dealt Huge Blow as Judge Rules USAID Cuts Unconstitutional

A federal judge moved to stop a private actor and an “amorphous” efficiency unit from functionally closing a congressionally created agency without lawful authorization.

Judiciary

Mar 18, 2025

Sources

Summary

A federal judge in Maryland ruled that Elon Musk and the Department of Government Efficiency’s accelerated shutdown of USAID was likely unconstitutional in multiple ways. The order asserts Congress’s constitutional authority over whether, when, and how to close an agency created by Congress, restricting Musk and DOGE from acting without legally authorized USAID approval. The ruling halts further terminations and record-destruction efforts and compels restoration of internal access systems while litigation proceeds.

Reality Check

This conduct threatens the constitutional order by treating a congressionally created agency as something an executive-adjacent operation—and even a private individual—can dismantle on an accelerated timeline, stripping Congress of its core control over the structure of government. On the record described, the gravest legal exposure is obstruction and records-related wrongdoing: efforts to “destroy records at USAID or its website” implicate federal prohibitions on destroying or concealing government records, including 18 U.S.C. § 2071, and can trigger additional liability depending on intent and the nature of the records. Even where criminal proof is not established, the ruling underscores an abuse-of-power pattern: using terminations, access revocations, and headquarters closure as de facto agency liquidation without a duly authorized officer, a precedent that weakens our rights by normalizing governance by disruption rather than law.

Media

Detail

<p>Maryland District Judge Theodore Chuang issued a nearly 70-page order responding to a lawsuit by several USAID employees after the agency’s workforce was reduced by 98 percent amid efforts to eliminate USAID. The court found DOGE’s actions to shutter USAID likely violated separation of powers by contravening congressional authority over an agency created by Congress, including an apparent decision to permanently close USAID headquarters without approval of a duly appointed USAID officer.</p><p>The order constrains DOGE and Elon Musk personally. It enjoins Musk and DOGE from ordering additional terminations of employees, contracts, and grants, and from efforts to destroy records at USAID or its website. It also bars them from taking any action relating to USAID without express authorization of a USAID official with legal authority to approve it, and requires reinstating access to email, payments, security notifications, and other electronic systems, including restoring deleted emails, for current USAID employees and personal services contractors. The order requires agreement to allow reoccupation of USAID headquarters if a final ruling favors plaintiffs.</p>