WASHINGTON: The dismantling of the US 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 appears to stop short of reversing firings or fully resurrecting the agency.
In one of the first DOGE lawsuits against Musk himself, US 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 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 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 percent 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 US 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.
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Judge rules DOGE’s USAID dismantling likely violates the Constitution
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Judge rules DOGE’s USAID dismantling likely violates the Constitution
- 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”
Greece backs coast guard after latest deadly migrant crash
ATHENS: The Greek government has firmly backed its coast guard, insisting it is “not a welcoming committee” as questions grow over a collision in the Aegean Sea this week that killed 15 asylum seekers.
The deadly crash occurred late Tuesday when the high-speed boat the migrants were traveling in collided with a coast guard patrol vessel off the Greek island of Chios, not far from the Turkish coast.
Four women were among the dead, while 24 survivors have been admitted to hospital in Chios.
Rights groups and international media have repeatedly accused Greece of illegally forcing would-be asylum seekers back into Turkish waters, backing their claims with video and witness testimonies.
Greek media and opposition parties have questioned the details of Tuesday’s crash, and the country’s ombudsman has called for “an impartial and thorough investigation,” stressing that the priority should always be “the protection of human life.”
On Thursday, the government said it fully backed the maritime agency.
“We have full confidence in the coast guard and we support them,” government spokesman Pavlos Marinakis told reporters.
Conservative Prime Minister Kyriakos Mitsotakis said he was expecting “a full investigation” into the crash.
In the meantime, he argued that preliminary details showed that “essentially, our coast guard ship was rammed by a much smaller boat.”
“This is a situation that happens quite frequently in the Aegean,” he told Foreign Policy, arguing that smugglers were endangering migrants’ lives.
Had Greek authorities not been present, more people would probably have died, he alleged.
The coast guard was “not a welcoming committee” for people seeking asylum in the European Union, he told the magazine.
- Questions -
Following the crash the coast guard said the pilot of the migrant boat had ignored signals and “made a U-turn maneuver” before colliding with the Greek patrol boat.
“Under the force of the impact, the speedboat capsized and then sank, throwing everyone on board into the sea,” the agency said.
So far, none of the hospitalized survivors have testified directly.
One of them, a 31-year-old Moroccan man, was to be questioned by police as a possible smuggler.
Several Greek media outlets, including To Vima and private TV channel Mega, have reported the victims died of severe head injuries.
Some news organizations have questioned why the patrol boat’s thermal camera was not switched on.
“The captain of the patrol boat judged it unnecessary because the migrants’ speedboat had already been detected by a camera on shore and a spotlight,” government spokesman Marinakis said.
The port police released photos of the coast guard patrol vessel showing minor damage, but no images of the asylum seekers’ boat.
- ‘Obvious distress’ -
Abusive pushbacks have become the “norm” in Greece, medical charity Doctors Without Borders (MSF) said in 2023.
The crash off Chios was “not an isolated incident,” the Refugee Support Aegean charity said this week.
“Based on the available information and the initial announcement of the Hellenic Coast Guard, it appears that, instead of a search and rescue operation, an interception operation was deployed from the outset,” RSA said in a statement.
“This occurred while the refugees’ boat was in obvious distress, was overcrowded and was located at a short distance from the Greek coast,” the statement added.
It is far from the first time that international organizations have pointed the finger at Greece over how it treats migrant boats.
Eighteen of its coast guard members are being prosecuted for involuntary manslaughter due to negligence in the sinking of the trawler Adriana in June 2023.
The United Nations said around 750 people died in that tragedy — one of the worst migrant shipwrecks in the Mediterranean in the past decade.
In 2022, the European Court of Human Rights condemned Greece for its responsibility in the capsizing of a migrant boat off the islet of Farmakonisi in the Aegean Sea.
Eleven people died, including eight children.
The deadly crash occurred late Tuesday when the high-speed boat the migrants were traveling in collided with a coast guard patrol vessel off the Greek island of Chios, not far from the Turkish coast.
Four women were among the dead, while 24 survivors have been admitted to hospital in Chios.
Rights groups and international media have repeatedly accused Greece of illegally forcing would-be asylum seekers back into Turkish waters, backing their claims with video and witness testimonies.
Greek media and opposition parties have questioned the details of Tuesday’s crash, and the country’s ombudsman has called for “an impartial and thorough investigation,” stressing that the priority should always be “the protection of human life.”
On Thursday, the government said it fully backed the maritime agency.
“We have full confidence in the coast guard and we support them,” government spokesman Pavlos Marinakis told reporters.
Conservative Prime Minister Kyriakos Mitsotakis said he was expecting “a full investigation” into the crash.
In the meantime, he argued that preliminary details showed that “essentially, our coast guard ship was rammed by a much smaller boat.”
“This is a situation that happens quite frequently in the Aegean,” he told Foreign Policy, arguing that smugglers were endangering migrants’ lives.
Had Greek authorities not been present, more people would probably have died, he alleged.
The coast guard was “not a welcoming committee” for people seeking asylum in the European Union, he told the magazine.
- Questions -
Following the crash the coast guard said the pilot of the migrant boat had ignored signals and “made a U-turn maneuver” before colliding with the Greek patrol boat.
“Under the force of the impact, the speedboat capsized and then sank, throwing everyone on board into the sea,” the agency said.
So far, none of the hospitalized survivors have testified directly.
One of them, a 31-year-old Moroccan man, was to be questioned by police as a possible smuggler.
Several Greek media outlets, including To Vima and private TV channel Mega, have reported the victims died of severe head injuries.
Some news organizations have questioned why the patrol boat’s thermal camera was not switched on.
“The captain of the patrol boat judged it unnecessary because the migrants’ speedboat had already been detected by a camera on shore and a spotlight,” government spokesman Marinakis said.
The port police released photos of the coast guard patrol vessel showing minor damage, but no images of the asylum seekers’ boat.
- ‘Obvious distress’ -
Abusive pushbacks have become the “norm” in Greece, medical charity Doctors Without Borders (MSF) said in 2023.
The crash off Chios was “not an isolated incident,” the Refugee Support Aegean charity said this week.
“Based on the available information and the initial announcement of the Hellenic Coast Guard, it appears that, instead of a search and rescue operation, an interception operation was deployed from the outset,” RSA said in a statement.
“This occurred while the refugees’ boat was in obvious distress, was overcrowded and was located at a short distance from the Greek coast,” the statement added.
It is far from the first time that international organizations have pointed the finger at Greece over how it treats migrant boats.
Eighteen of its coast guard members are being prosecuted for involuntary manslaughter due to negligence in the sinking of the trawler Adriana in June 2023.
The United Nations said around 750 people died in that tragedy — one of the worst migrant shipwrecks in the Mediterranean in the past decade.
In 2022, the European Court of Human Rights condemned Greece for its responsibility in the capsizing of a migrant boat off the islet of Farmakonisi in the Aegean Sea.
Eleven people died, including eight children.
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