How Elon Musk Is Getting Around Judge Orders to Keep DOGE Out of USAID
Secretary of State Marco Rubio has appointed an official from Elon Musk’s Department of Government Efficiency to head USAID—the very same day a federal judge ruled that DOGE could no longer mess around with the federal agency. Now Musk may be able to continue ripping the development organization to shreds.
Jeremy Lewin was appointed Tuesday to lead what remains of USAID, after serving as DOGE’s team lead at the federal agency. In February, DOGE raided USAID’s offices and subsequently laid off up to 50 percent of the agency’s employees while placing the rest on administrative leave. The Trump administration intends to keep fewer than 300 of USAID’s 10,000 employees, four sources told Reuters. Rubio announced earlier this month that a whopping 83 percent of all USAID’s programs had been terminated.
On Tuesday, a federal judge ruled that Musk and DOGE’s efforts to eliminate USAID were likely unconstitutional because they had shuttered the agency without congressional approval, and Congress alone maintains the authority to create or terminate federal agencies. The judge barred DOGE from taking “any actions relating to USAID without the express authorization of a USAID official with legal authority to take or approve the action.”
However, the order maintained that actions that were ratified by a USAID official would not be subject to the same restrictions, so as not to “enjoin USAID.” It seems that Lewin’s appointment to USAID might allow them to work around the judge’s order and continue to execute DOGE’s cost-cutting agenda at the already gutted development agency.
In a brief court filing Wednesday, lawyers for Musk and DOGE sought to clarify that the appointment of Lewin, who now has authority over the day-to-day work at USAID, did not constitute more DOGE meddling at USAID.
The lawyers asserted that the decision to appoint Lewin came before the judge’s order, though it was only formally announced on Tuesday. “Mr. Lewin surely does not fall within the spirit of this Court’s decision—and Defendants file this motion to ensure he is not wrongfully picked up by its letter,” the lawyers wrote.
Lawyers requested that the judge amend his order so that it specifically did not include Lewin, as “the injunction may bar him from engaging in a wide range of work he is otherwise authorized—and tasked—to perform. That is untenable.”
In a declaration, Lewin claimed that he was no longer affiliated with the defendants subject to the judge’s order. “None of Elon Musk, USDS, or any USDS employee has any formal authority over me. None has the legal authority to direct me or anyone at USAID,” Lewin said.