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FILE - Flowers and a sign are placed outside the headquarters of the U.S. Agency for International Development, or USAID, Feb. 7, 2025, in Washington. (AP Photo/Jose Luis Magana, file)
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Judge rules DOGE's dismantling of USAID likely violates Constitution

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By LINDSAY WHITEHURST and MICHAEL KUNZELMAN

The dismantling of the U.S. Agency for International Development likely violated the Constitution, a federal judge ruled Tuesday as he indefinitely blocked billionaire Elon Musk’s Department of Government Efficiency further cuts to the agency.

U.S. District Judge Theodore Chuang in Maryland ordered the Trump administration to restore email and computer access to all employees of USAID, including those who were placed on administrative leave.

The evidence suggests that Musk made decisions to shut down USAID’s headquarters and website despite the administration’s claim that he was merely President Donald Trump's advisor, Chaung found. Musk’s public statements and social media posts demonstrate that he has “firm control over DOGE,” the judge concluded.

The judge acknowledged that it’s likely that USAID is no longer capable of performing some of its statutorily required functions.

“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote in the preliminary injunction.

The lawsuit filed by attorneys for USAID employees and contractors singled out Musk as a defendant, arguing that he was wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate.

The administration has said that DOGE is searching for and rooting out waste, fraud and abuse in the federal government, consistent with the campaign message that helped Trump win the 2024 election.

In February, the Trump administration placed all but a fraction of USAID’s worldwide staff on leave and notified at least 1,600 of its U.S.-based staffers they were being fired. The effort to gut the six-decade-old aid agency was part of a broader push to eradicate the foreign aid agency and most of its humanitarian and development programs abroad.

Trump on Inauguration Day issued an executive order directing a freeze of foreign assistance funding and a review of all U.S. aid and development work abroad. Trump charged that much of foreign assistance was wasteful and advanced a liberal agenda.

The White House and DOGE did not immediately respond to a request for comment.

The lawsuit was filed by the State Democracy Defenders Fund. Norm Eisen, the nonprofit's executive chair, called the ruling a milestone in pushback to DOGE.

“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," he said in a statement.

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Associated Press writers Chris Megerian and Ellen Knickmeyer contributed reporting.

© Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

©2025 GPlusMedia Inc.

24 Comments

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Judge rules DOGE's dismantling of USAID likely violates Constitution

Of course it does. Problem is: MAGA doesn't care about the Constitution.

4 ( +6 / -2 )

USAID was created by Executive Order (RFK) and died by DJT's EO. Again, this will play out in the courts

DOGE has ample evidence of corrupt behavior within USAID, such as $Billions "$funding" to unaccountable NGOs, usually abroad, with radical left political agendas

-4 ( +2 / -6 )

DOGE has ample evidence of corrupt behavior within USAID, such as $Billions "$funding" to unaccountable NGOs, usually abroad, with radical left political agendas

Not true.

And it is Congress that is in charge of spending and cutting costs, not the Executive branch. The President and his Doge teens cannot choke off money appropriated by Congress.

But it doesn't matter how many times this constitutional fact is pointed out. MAGA simply doesn't like checks and balances. It wants a dictator to do stuff they like.

1 ( +3 / -2 )

And it is Congress that is in charge of spending and cutting costs, not the Executive branch. The President and his Doge teens cannot choke off money appropriated by Congress.

But it doesn't matter how many times this constitutional fact is pointed out.

Another case for the Supreme Court, can't wait.

MAGA simply doesn't like checks and balances. It wants a dictator to do stuff they like.

He does, that is why he has Musk as his advisor, but it is funny that for decades the Dems didn't do jack about cut, waste, and abuse, absolutely nothing to shrink the government, the same thing they did in California and NYC that is why both are just beyond manageable now, both economies wrecked and the guy in California with the good hair is saying there is nothing to see, but now when this President tackles our bloated government, the left in their usual whiny form says, don't do it. Look, I love this, because with each outburst and the more resistant they try, the less chances they have at getting back into government, it helps our side. Lol

-4 ( +2 / -6 )

@bass

What is the purpose of Congress?

5 ( +5 / -0 )

To do what the voters said...

-7 ( +0 / -7 )

To do what the voters said...

Which country's constitution says that?

3 ( +5 / -2 )

Which country's constitution says that?

The US

-4 ( +2 / -6 )

Tell me the passage in the US Constitution that says the purpose of Congress is to "do what the voters said".

3 ( +5 / -2 )

Think about it, a guy born and raised in South Africa has taken a chainsaw to the U.S. government, and now he’s chomping at the bit to gut U.S. Social Security. Every red blooded American, especially those who are not rich with elderly parents, should be very worried.

3 ( +5 / -2 )

“He is an American citizen . . .”

Yeah, but he’s unqualified to be a U.S. president, isn’t he? However, when looking at Trump, whether he’s a citizen or not doesn’t stop a person from destroying a safety net which has been helping America’s senior citizens since the days of FDR..

-1 ( +1 / -2 )

Yeah, but he’s unqualified to be a U.S. president, isn’t he?

He never had aspirations to becoming POTUS

However, when looking at Trump, whether he’s a citizen or not doesn’t stop a person from destroying a safety net which has been helping America’s senior citizens since the days of FDR..

Well, he didn't, again, this is nothing new, everyone knew this, Trump said he was going to do this, so he is indeed doing what he said he would do, not sure why the left is so surprised.

-4 ( +2 / -6 )

It doesn’t really matter, does it? The only thing that matters is the gutting and damage Musk wants to do to U.S. Social Security. Again, whether it’s someone born in South Africa gutting U.S. Social Security or a fellow billionaire born in the U.S., the damage and harm done is still the same.

0 ( +2 / -2 )

It doesn’t really matter, does it? The only thing that matters is the gutting

Yes

and damage Musk wants to do to U.S. Social Security.

Again, SS, Medicaid, and Medicare will not be touched.

Again, whether it’s someone born in South Africa gutting U.S. Social Security or a fellow billionaire born in the U.S., the damage and harm done is still the same.

All debunked nonsense.

-3 ( +2 / -5 )

Again, SS, Medicaid, and Medicare will not be touched despite the left (Democrats out of power) and their constant fear-mongering

Republican leaders in Congress have directed the committee that oversees Medicaid to cut $880 billion from the next budget. How do you think they will do that without touching medicaid or medicare? By magic?

1 ( +2 / -1 )

@bass4funk

Musk has stated quite clearly that Social Security is the biggest Ponzi scheme ever done, so it’s difficult to take your word over theirs.

The fact that Musk was born and raised in South Africa just casts a shadow over a U.S. safety net which has helped so many American seniors throughout the years since it was created.

1 ( +3 / -2 )

Musk has stated quite clearly that Social Security is the biggest Ponzi scheme ever done, so it’s difficult to take your word over theirs.

He’s 110% correct, but trimming it and getting rid of it are 2 different things.

The fact that Musk was born and raised in South Africa just casts a shadow over a U.S. safety net which has helped so many American seniors throughout the years since it was created.

As an American citizen he is doing much good to trim all the pork that’s latched onto that system

Republican leaders in Congress have directed the committee that oversees Medicaid to cut $880 billion from the next budget. How do you think they will do that without touching medicaid or medicare? By magic?

Yes, when you eat a steak, trimming a bit of that excess fat helps to make a better and more flavorful steak, basically, you are still eating the majority of the main meat.

-3 ( +1 / -4 )

Reinstalled workers returning to empty offices.

2 ( +3 / -1 )

Yes, when you eat a steak, trimming a bit of that excess fat helps to make a better and more flavorful steak, basically, you are still eating the majority of the main meat.

So you are saying they WILL cut Medicaid and Medicare now. To make it more "flavorful".

Then why did you claim they won't touch it?

0 ( +1 / -1 )

So you are saying they WILL cut Medicaid and Medicare now. To make it more "flavorful".

Yes, while keeping the best part of the meat

Then why did you claim they won't touch it?

Trimming the waste and getting rid of it are 2 different things.

0 ( +1 / -1 )

Yes, while keeping the best part of the meat

Comparing healthcare to a piece of meat is really one of the most asinine comparisons I've ever read on the website, and that's saying a lot.

Trimming the waste and getting rid of it are 2 different things.

You wrote "Again, SS, Medicaid, and Medicare will not be touched.". So you lied. Glad we cleared that up.

Anyway, I'm all for big cuts to medicaid and medicare, because they will keep republicans from winning any sort of elections for the foreseeable future, so I'm actually on your side. They should cut healthcare entirely! Huge savings! It's a ponzi scheme anyway!

1 ( +2 / -1 )

Comparing healthcare to a piece of meat is really one of the most asinine comparisons I've ever read on the website, and that's saying a lot.

Well, it’s good for getting the bigger picture.

You wrote "Again, SS, Medicaid, and Medicare will not be touched.". So you lied. Glad we cleared that up.

I didn’t lie, I’m not in government and you get angry or distorting my words won’t change Musk trimming out the fact from these agencies and justifiably so.

Anyway, I'm all for big cuts to medicaid and medicare,

Which people will be happy with, more money, better and more efficient

because they will keep republicans from winning any sort of elections for the foreseeable future,

That won’t happen and before making that statement, Dems need to win a bunch of elections first and so far, it doesn’t look like they will for some time

so I'm actually on your side.

Good to know!

They should cut healthcare entirely!

They’re not and won’t, relax.

!

-1 ( +1 / -2 )

@bass4funk

Musk, the guy with the chainsaw calling SS the biggest Ponzi scheme ever is now going to take a scalpel and just trim the fat as if he’s carving up a Thanksgiving Day turkey, umm, I don’t think so and I don’t think you really do either.

0 ( +1 / -1 )

You don’t think for me. So my personal thoughts are, I am more than confident that this will not happen.

-1 ( +0 / -1 )

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