A U.S. judge said on Monday she hoped to rule within 24 hours in a lawsuit that aims to protect information systems at major government agencies from Elon Musk's DOGE team, which President Donald Trump has tasked with overhauling the government.
U.S. District Judge Tanya Chutkan in Washington, D.C., heard arguments on Monday, the Presidents Day holiday when federal courts are closed, to consider an emergency request by 13 Democratic state attorneys general seeking to block Musk and DOGE from accessing government systems and firing employees at seven agencies.
The states argued their ability to carry out educational and other programs were at risk. They accused Musk's team of using data gleaned from agency systems to dismantle initiatives and direct mass firings.
"The things I’m hearing are troubling indeed, but I have to have a record and findings of fact before I issue something," Chutkan said. She expressed doubt that the states had met the legal standard for imminent harm required for a temporary restraining order, or TRO.
"It’s kind of a like a prophylactic TRO and that’s not allowed," she said of the states' request. She said if the states eventually prevailed, she could order programs to be restored.
The state attorneys general that brought the case want to bar Musk's DOGE, or Department of Government Efficiency, team from accessing information systems at the departments of Labor, Education, Health and Human Services, Energy, Transportation, Commerce, and the Office of Personnel Management.
DOGE has swept through federal agencies slashing thousands of jobs and dismantling federal programs since Trump became president last month and put Musk in charge of rooting out wasteful spending as part of Trump's dramatic overhaul of government.
The attorneys general also asked the judge to prevent Musk and DOGE team members from firing government employees or putting them on leave.
A government attorney told Chutkan he had not been able to confirm mass government layoffs took place on Friday.
"The firing of thousands of federal employees is not a small or common thing. You haven't been able to confirm that?" she asked. The DOJ attorney said he would update the court with a letter by the end of Monday.
The states argue that Musk wields the kind of power that can only be exercised by an officer of the government who has been nominated by the president and confirmed by the U.S. Senate under the Appointments Clause of the U.S. Constitution. The states also allege DOGE has not been authorized by Congress.
Around 20 lawsuits have been filed in various federal courts challenging Musk's authority, which have led to differing results.
U.S. District Judge Jeannette Vargas in New York extended a temporary block on DOGE on Friday that prevented Musk's team from accessing Treasury systems responsible for trillions of dollars of payments.
But also on Friday, U.S. District Judge John Bates in Washington declined a request by unions and nonprofits to temporarily block Musk's team from accessing records at the departments of Labor, and Health and Human Services, as well as the Consumer Financial Protection Bureau.
Most of the judges handling DOGE cases have not yet issued rulings.
© Thomson Reuters 2025.
37 Comments
Yrral
Nothing good legally happened to a government lawyers representing Trump,with their haphazard responses
I'veSeenFootage
The fact that Elon Musk and his bunch of unvetted alt-right trolls have access to any type of sensitive information should be enough, in any functioning democracy, to warrant an actual impeachment of the president to put them in that position.
bass4funk
For any impeachment to happen the Dems would need to retake the House, at this current present time, the way they have been acting, they won’t be getting anywhere near to retaking it.
Yrral
This judge is the same judge that provided over Trump Jan 6 indictment
Tokyo Guy
I wonder if the felon will weigh in with one of his subtle Truth Social posts. "Judge Tanya Chutkan is trying to stop Musk from doing his job! Bad! Go to her house and set it on fire!"
I'veSeenFootage
Yeah that's true. But I'm glad you agree this does warrant an impeachment!
So you think firing tens of thousands of workers while the inflation keeps rising is a surefire recipe for reelection in two years?
bass4funk
That’s the word “trying”
A federal judge expressed skepticism of efforts seeking to bar President Donald Trump's administration from accessing federal data and firing federal workers when hearing remarks from the bench on Monday. Judge Tanya Chutkan has yet to issue a ruling in the case, which relates to billionaire Elon Musk and the Department of Government Efficiency (DOGE) and their efforts to curb government spending. Chutkan says she will rule on the case within 24 hours. Attorneys general from 14 states argue Musk and Trump's administration have engaged in illegal executive overreach, but Chutkan says she wasn't convinced so far.
Chutkan says lawyers for the states have yet to establish that there is imminent harm that could be avoided by restraining DOGE.
"The things that I’m hearing are serious and troubling indeed… But you’re saying these are things that we’re hearing," she said. "I’m not seeing it so far."
-NYPost
Interesting….
bass4funk
I didn’t say, nor implied that, I’m saying, the Dems need the House to impeach and they’re nowhere near retaking it.
Again, the Dems are nowhere near helping themselves by trying to get re-elected. So what will they run on? Resist Trump again? Increasing the size of government because that’s on of the reasons why they’re out of office.
ok1517
It's about time that Elon gets his wings clipped!
DOGE - the Department Of Grotesque Entanglement.
bass4funk
I don’t see that happening, now he’s at the Pentagon, can’t wait to see what he finds there.
But the judge continues…
Chutkan was not exclusively hostile to the states' argument, however, as she was also seen critiquing representatives for Trump's administration.
"Nowhere have my friends offered a shred of anything, nor could they, to show that Elon Musk has any formal or actual authority to make any government decisions himself," DOJ lawyer Harry Graver said.
Chutkan countered, "I think you stretch too far. I disagree with you there."
ok1517
"bass",
"I don’t see that happening, now he’s at the Pentagon ....."
Right, he actually got no clearance to go there - none of his or DOGE's business.
Except, of course, he will sell all the information he takes from there.
He is an asset of a foreign country - no doubt which one - and Donald will be charged together with Elon and others like them for treason, sooner than later!!
ok1517
Bass,
Elonia should've never gotten a top secret security clearance and I hope people will do their utmost to get it revoked! The man is a security threat, not just for the USofA! Oh, and you do know that having used / using drugs prevents you from getting a security clearance. Well, Elon admitted using / having used some. But with Donald's dictatorship in the making and Elon running the backstage show everything is possible.
proxy
How dare Musk's team use data!!
wallace
Musk wants access to the tax returns of all Americans. And troves of sensitive taxpayer data at the IRS. Why?
bass4funk
As an advisor to the President, he sure does
Even the judge doesn’t believe that, also, you would have to prove with a case of intent beyond a reasonable doubt.
The US
How? The GOP???
stormcrow
Musk Is wielding power like a president, but the funny thing is that he was never elected. Hell, he wasn’t even born in the USA.
lincolnman
Curtailment is good, outlawing it even better...
DOGE is nothing but Project 2025's way to destroy our democracy, replacing it with a Russian-style kleptocracy where the MAGA rich fleece the government and the gullible suckers...
I'veSeenFootage
Not really, no. Democrats lost because of the economy. And the GOP will lose badly in 2026 and 2028 if they continue their policies of helping absolutely noone but rich people (with some necessary fear-mongering about immigrants/trans/commies/deep state sprinkled on top).
TaiwanIsNotChina
The number of federal employees only grew 5% from 2020-2023.
Peter Neil
democrats and level-headed republicans can make inroads during mid-term elections next year by sticking to a simple theme. every state will be feeling the effects of musk and trump burning down the country.
they can hold up the incumbent as someone who did nothing and said nothing about it. that’s all they need to say, over and over.
it’s not necessary for maga voters to say they were wrong. most people don’t have the courage to say that. they can simply say that trump lied to them, which is true.
musk and trump can never admit they were wrong about anything. trump railed about the trade deal with canada and mexico, asking “who in the hell came up with it?”
it was trump1 in 2018. it was his deal, and he crowed about then when he signed it.
when you read the stuff musk posts on x, it’s clear that he’s mentally ill.
mrtinjp
DT and team knows this will happen and must have planned on how to expose these corrupt judges, this time its coming.
plasticmonkey
I've asked you and your MAGA pals countless times to tell us what the Constitution says about the power of the purse. Does it rest with the Legislature or the Executive?
In other words, does the Executive have the power to override spending already approved by Congress and signed into law? And if so, doesn't that sort of negate the entire purpose of Congress?
And while we're at it, JD has suggested that Trump ignore court rulings that he deems "bad". So wouldn't that negate the purpose of the Judicial branch also, leaving only the Executive?
Waiting . . .
geronimo2006
Tear down the govt and all the checks and balances. By the people for the people - not any more. Musk decides. Project 2025 is in full swing and the next target will be opponents of the new regime.
Trump - July, 2024
"in four years, you don't have to vote again. We'll have it fixed so good, you're not gonna have to vote."
Desert Tortoise
Absent Congressional authorization DOGE is illegal. Absent Senate confirmation Elon Musk has no authority over anything. That is how the US Constitution works. Congress and only Congress has the authority to create or eliminate Executive Branch departments and the Senate must confirm by a majority vote all appointed officials with policy making authority which means the heads of Executive Branch departments. The whole of DOGE is completely illegal under existing law and the Constitution.
Desert Tortoise
Sad that defending the US Constitution and the laws as written is now considered to be "corrupt". The founders of the US, the people who wrote the US Constitution intended for the Judicial Branch to serve as a restraint on the excesses of the other two branches of government. That is fundamental to the separation of powers codified in the Constitution. To attack the Judicial Branch is to attack the very foundation of the US and its laws. It is shameful but there it is, for all to see, a full frontal attack on the the US Constitution.
Tokyo Guy
The MAGA thought process:
1) Elon would never do anything to damage the USA, if he did, Daddy would rein him in
2) Elon should be allowed access to anything, for reasons explained in 1) above
3) It's OK if Elon has access to the personal data of millions of Americans, as he would never do anything bad with it.
4) If he sells it to the highest bidder, so what? That's how he got to be rich. He has more money than you, libtard! ROFL!
5) Russia actually has some pretty decent policies
6) Russia is the greatest country on earth because they even managed to trick Elon and Daddy!
patkim
These firings have got to be illegal. As far as I know, people are usually laid off due to their performance not meeting standards, or being too lazy, or committing a crime. These people are being fired for no apparent reason. Musk and DOGE has no right to do that to people and their families.
JJE
Wholesale mass firings of Biden appointees is hardly inappropriate by any reasonable and decent measure.
plasticmonkey
There is one overriding commandment for all MAGA cultists: defend absolutely everything Trump says and does.
To disobey proves you are either a Marxist, a RINO, or corrupt.
plasticmonkey
The vast majority of those fired are not appointees. They are nonpartisan career employees, whose expertise and experience are necessary for the country.
The MAGA view of how government works is childishly naive.
JJE
Non-partisan absolutely not. When one scratches beneath the surface, partisan donations flowed overwhelmingly to one campaign from this sector.
All Biden people have to go, every single one - period.
This is also about skills levels, integrity and being up to the challenge of the job, not maintaining the DEI empire that hoped for a payoff.
bass4funk
That is still quite a bit.
https://x.com/proudelephantus/status/1887165821614477641?s=46&t=YGWP_lcRZjddiWlx4QxURQ
Really now?
So besides the usual hate Trump and hate Musk what do the Dems have to offer? Yes?
The polls aren’t showing that, so again, besides secretly spending our money, what do they offer?
They didn’t because 63% of Americans want this.
If that were true, he wouldn’t be a trillionaire
bass4funk
If it’s legal and justifiable, as well as necessary
In a nutshell, the establishment brags about wanting to be transparent only being against it when they’re caught with their talons knee-deep in our money, more slashing to come.
HopeSpringsEternal
Americans, especially Republicans and Independents overwhelmingly support DOGE and their mission to reduce Govt. waste, fraud and abuse.
Odd isn't it that ONLY people complaining about LONG overdue digital audit of the US Govt. are Democrats?
Democrats will remain in the political wilderness if they continue to protect bloated Govt. bureaucracy that's fueled a rise in US Govt. Debt and debt servicing, crowding out much needed Govt. spending.
I'veSeenFootage
What in God's name are you talking about?
If you're refering to USAID, its spending was never a secret, it was already regularly reviewed in commitees and also audited by independent accounting firms.
The fact that YOU suddenly discovered what some of the money was "used for" in dishonest and misleading tweets by Musk doesn't mean the information wasn't available before. What USAID did was never a secret.
BB
What a joke. Integrity? Integrity isn't parking your brain and merely doing what the cult leader says. It's being rational and sticking to principles. Talking truth to power. Imagine that. Talking truth to power.
HopeSpringsEternal
Big difference between this time and 2017, Trump's got LOTS of lawyers, has GREAT New SCOTUS legal precedent and a digital genius called Elon Musk.
US Federal Agencies and Bureaucrats are NOT a 4th Branch of Govt., SCOTUS made it clear Agencies cannot create and enforce laws, hence digital DOGE audit.
US citizens want efficient and honest Govt. accountable to their representatives, especially Pres. DJT who is in charge of managing such agencies.
Rogue Federal Agency days OVER, Blockchain coming, no more blood sucking cockroaches ripping off US Taxpayers and Weaponizing US Govt. = Un-Democratic