Judge rules DOGE's USAID dismantling likely violates the Constitution

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Judge rules DOGE's USAID dismantling likely violates the Constitution

2025-03-19 08:33 Last Updated At：08:41

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

The order requires the Trump administration to restore email and computer access to all employees of USAID, including those put on administrative leave, though it stops short of reversing firings or fully resurrecting the agency.

In one of the first DOGE lawsuits against Musk himself, U.S. District Judge Theodore Chuang in Maryland rejected the Trump administration’s position that Musk is merely President Donald Trump's adviser.

Musk’s public statements and social media posts demonstrate that he has “firm control over DOGE,” the judge found pointing to an online post where Musk said he had “fed USAID into the wood chipper.”

The judge said 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 USAID employees and contractors argued that Musk and DOGE are wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate. Their attorneys said the ruling “effectively halts or reverses” many of the steps taken to dismantle the agency.

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

Musk, his team and Trump political appointee Pete Marocco have played a central role in the two-month dismantling of USAID. In one instance in early February, the administration placed the agency's top security officials on forced leave after they tried to block DOGE workers from accessing USAID's classified and sensitive documents.

The administration, with Musk's and DOGE's support, went on to order all but a fraction of the agency's staffers off the job through forced leaves and firings, and terminated what the State Department said was at least 83% of USAID's program contracts.

The moves were part of a broader push by Musk and the Trump administration to eradicate the six-decade-old foreign assistance agency and most of its work overseas.

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, charging that much of foreign assistance was wasteful and advanced a liberal agenda.

Democratic lawmakers and other supporters of USAID have argued Trump had no authority to withhold funding that Congress already approved.

Chuang said DOGE's and Musk's fast-moving destruction of USAID likely harmed the public interest by depriving elected lawmakers of their “constitutional authority to decide whether, when and how to close down an agency created by Congress.”

The lawsuit was filed by the State Democracy Defenders Fund. Norm Eisen, the nonprofit's executive chair, said the ruling is a milestone in pushback to DOGE and the first to find that Musk’s actions violate the Constitution’s Appointments Clause, which mandates presidential approval and Senate confirmation for certain public officials.

“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.

Oxfam America's Abby Maxman in a statement urged all staffing and funding to be reinstated. “The funding freeze and program cuts are already having life or death consequences for millions around the world,” said the chief executive of the humanitarian group.

Associated Press writers Chris Megerian and Ellen Knickmeyer contributed reporting.

In their words: Survivors and others talk about fatal Swiss Alpine bar fire

CRANS-MONTANA, Switzerland (AP) — In the aftermath of a fire inside a Swiss Alpine bar that killed 40 people celebrating the new year, survivors, friends and family members, the region’s top authorities and even Pope Leo have spoken to the public in remarks in French, Italian, German and English, reflecting the tradition of Swiss multilingualism.

Another 119 people were injured in the blaze early Thursday as it ripped through the busy Le Constellation bar at the ski resort of Crans-Montana, authorities said. It was one of the deadliest tragedies in Switzerland’s history.

Investigators said Friday that they believe sparkling candles atop Champagne bottles ignited the fatal fire when they came too close to the ceiling of the crowded bar.

Here’s a look at what people said in the wake of the disaster:

— “I’m looking everywhere. The body of my son is somewhere,” Laetitia Brodard told reporters Friday in Crans-Montana as she searched for her son, 16-year-old Arthur. “I want to know, where is my child, and be by his side. Wherever that may be, be it in the intensive care unit or the morgue.”

— “We were bringing people out, people were collapsing. We were doing everything we could to save them, we helped as many as we could. We saw people screaming, running,” Marc-Antoine Chavanon, 14, told The Associated Press in Crans-Montana on Friday, recounting how he rushed to the bar to help the injured. “There was one of our friends: She was struggling to get out, she was all burned. You can’t imagine the pain I saw.”

— “It was hard to live through for everyone. Also probably because everyone was asking themselves, ‘Was my child, my cousin, someone from the region at this party?’” Eric Bonvin, general director of the regional hospital in Sion that took in dozens of injured people, told AP on Friday. “This place was very well known as somewhere to celebrate the new year,” Bonvin said. “Also, seeing young people arrive — that’s always traumatic.”

— “I have seen horror, and I don’t know what else would be worse than this,” Gianni Campolo, a Swiss 19-year-old who was in Crans-Montana on vacation and rushed to the bar to help first responders, told France's TF1 television.

—“You will understand that the priority today is truly placed on identification, in order to allow the families to begin their mourning,” Beatrice Pilloud, the Valais region's attorney general, told reporters Friday during a news conference in Sion.

Pope Leo said in a telegram Friday to the bishop of Sion that he " wishes to express his compassion and concern to the relatives of the victims. He prays that the Lord will welcome the deceased into His abode of peace and light, and will sustain the courage of those who suffer in their hearts or in their bodies.”

— “We have numerous accounts of heroic actions, one could say of very strong solidarity in the moment,” Cantonal head of government Mathias Reynard told RTS radio Friday. "In the first minutes it was citizens — and in large part young people — who saved lives with their courage.”

— “Switzerland is a strong country not because it is sheltered from drama, but because it knows how to face them with courage and a spirit of mutual help," Swiss President Guy Parmelin, speaking on his first day in the position that changes hands annually, told reporters Thursday.