Elon Musk Can’t Shake Lawsuit Over DOGE As Judge Flags ‘Unchecked’ Power

Tesla, Inc. (TSLA) CEO Elon Musk finds himself in legal crosshairs over the power he wielded as the head of the Department of Government Efficiency (DOGE), a quasi-government agency President Donald Trump instituted after he assumed office in January to cut down excessive government spending.

In a ruling issued on Tuesday, District Court of Columbia Judge Tanya Chutkan denied the Department of Justice’s (DOJ) request to dismiss the case filed by Democratic attorneys representing 14 states against the DOGE and Musk, Bloomberg reported.

The state attorneys had alleged that Musk and DOGE's conduct exceeded the authority granted by the temporary organization statute and that no other statute authorizes the defendants’ actions.

In that role, Musk “exercises virtually unchecked power across the entire Executive Branch, making decisions about expenditures, contracts, government property, regulation, and the very existence of federal agencies,” they claimed.

Judge Chutkan ruled that the Trump administration adopted a “perverse reading” of the U.S. Constitution’s checks and balances, seemingly sanctioning “unlimited executive power.”

“Under this reasoning, the President could authorize an individual to act as a Prime Minister who vetoes, amends, or adopts legislation enacted by Congress, as an Ultimate Justice who unilaterally overrules any decision by the Supreme Court, as a King who exercises preeminent authority over the entire nation, or allow a foreign leader to direct American armed forces,” the judge said.

Chutkan granted the DOJ lawyers’ motion to dismiss Trump as a defendant in the case, reasoning that the court may not enjoin the president in performing his official duties.

Typically, rulings denying motions to dismiss can’t be appealed, but the DOJ could seek an exception, given the case’s significance.

The Bloomberg report noted that Musk and DOGE faced other legal challenges regarding their power, with some suits arguing for blocking their access to federal agencies' systems and records, which contain huge volumes of Americana's personal and financial information.

The DOGE claims on its website that eliminating wasteful expenditures it has identified will save $175 billion, or $1,086.96 per person. 

Musk, though, has conceded that he has no formal power over implementing these cost cuts. The billionaire has also recently clarified that he would scale back his involvement with DOGE as he focuses more on his struggling electric-vehicle business. 

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