USAID Workers Sue Elon Musk’s DOGE For Unconstitutional ‘Government Takeover’
Dozens of U.S. Agency for International Development (USAID) employees sued Elon Musk and his Department of Government Efficiency (DOGE) for unconstitutionally wielding extreme power in destroying agencies and accessing sensitive information, constituting a “government takeover.”
The plaintiffs, who remained anonymous, detailed the actions Musk and DOGE took to take over agencies like the Treasury and Education departments, the Consumer Financial Protection Bureau and USAID, explaining they have far exceeded the authority of Executive Branch officials not formally nominated and confirmed by the Senate.
While the plaintiffs discussed DOGE’s actions in various agencies, they focused on USAID specifically, explaining the harm that Musk’s department has caused.
“The reckless disregard with which [Musk and DOGE] have exercised their unconstitutional authority has unlawfully disrupted contracts of the United States—some of which are signed by individual Plaintiffs—undermined national security, and put American lives at risk abroad.”
They said between Jan. 30 and Feb. 3, DOGE illegally accessed and shut down USAID employees’ access to their emails, agency systems, communication tools and digital records.
One of the plaintiffs said they lost the ability to communicate with overseas partners in Africa who depend on them and USAID “to fund programs that keep children from starving.”
Another plaintiff is stationed in a “high-risk” area in the Middle East, and when they tried to access their email Feb. 3, they were locked out. Their contacts and safety and security applications were removed remotely from their work phone. The USAID employee said they received no warning they would be shut out of the agency’s systems.
The employee “lives with their family in the foreign country in which they are stationed and is concerned for their safety.” They said they hope “they will be able to get out and be taken care of by USAID, but there is no guarantee.”
In their lawsuit Thursday, the USAID employees argued that Musk and DOGE employees violated the Appointments Clause of the U.S. Constitution.
The plaintiffs said Musk and his department are “exercising an unprecedented level of control over the federal government—one which spans agencies and seems to know no bounds absent federal court orders restricting it,” and report “directly to President Donald Trump.”
At the very least, Musk would be considered a principal officer who must be confirmed by the Senate, the plaintiffs argued.
They also alleged that Musk and his department violated “fundamental Separation of Powers principles” established in the first three articles of the U.S. Constitution.
The plaintiffs said DOGE illegally expanded its power by overriding agency decision-making, conducting unauthorized audits, making personnel changes, freezing congressionally appropriated funds and more. The plaintiffs also noted the employees report to Musk, an unappointed and unconfirmed individual, instead of a traditional agency head.
“The lack of any formal appointment, congressional authorization, or duties that are clearly defined in law renders [DOGE’s] government takeover a direct affront to the Constitution’s structural safeguards against tyranny.”
The USAID workers asked a federal court in Maryland to void the department’s previous actions and declare them unlawful, as well as block Musk and DOGE from “performing their significant and wide-ranging duties” unless Musk is properly appointed and confirmed.
Also, last week, the American Foreign Service Association and American Federation of Government Employees filed a lawsuit to reverse DOGE’s actions that effectively shut down USAID. In a hearing Thursday, a federal judge in Washington, D.C. extended a temporary restraining order blocking the Trump administration from putting 2,220 USAID employees on paid leave.
Learn more about some of the other lawsuits challenging DOGE.