US federal judge says Elon Musk's leadership of DOGE is ‘continuing and permanent'
14 states present credible claim Musk holds federal authority without congressional appointment, Judge Chutkan says
ISTANBUL
A US federal judge said a coalition of 14 states presented a credible case that Elon Musk currently holds a “continuing” and “significant” role in the federal government without proper congressional appointment.
In an order issued Tuesday, US District Judge Tanya Chutkan said the states’ lawsuit credibly alleges that Musk, who leads the Department of Government Efficiency (DOGE), “exercises significant authority” without Senate confirmation or congressional approval, according to CNBC News.
In February, a coalition of 14 states led by New Mexico sued Elon Musk, DOGE, and Donald Trump, claiming they violated the Constitution.
The states' attorneys argued that Musk lacked the legal authority to implement major changes to the federal government, as he is not a Senate-confirmed official and DOGE was never approved by Congress.
In a motion seeking dismissal of the case, White House attorneys described Musk’s role in the Trump administration as advisory and temporary.
In its attempt to have a lawsuit against the US billionaire Elon Musk, DOGE and President Donald Trump dismissed, the White House had “unsuccessfully” sought to define Musk’s role in the federal government as temporary, Chutkan stated.
She found that Musk’s influence spans the entire executive branch with no clear limits, despite the White House’s attempt to downplay his role by portraying him as just an advisor without formal authority.
Chutkan stated that the states’ claims that DOGE obtained “unauthorized access” to “private and proprietary information” were enough to allege harm, allowing the case to proceed.
The judge also ruled that Trump could be dismissed as a defendant, stating the court “may not enjoin the President in the performance of his official duties."
Chutkan noted that the president has “highly discretionary” authority to select and nominate officers under the Appointments Clause of the US Constitution.
Citing his goal of fiscal discipline, Musk has led DOGE’s efforts to eliminate federal offices, reduce regulations, rapidly cut the federal workforce, and reprogram or remove certain government websites, software, and systems.
