A federal judge raised concerns on Monday regarding the extent of billionaire Elon Musk's authority and the actions of the Department of Government Efficiency (DOGE). The judge presided over a hearing in response to a request from 14 states seeking a temporary restraining order to limit Musk's power in President Donald Trump's efforts to streamline the federal government.
During the hearing, the judge expressed skepticism about a request to prevent DOGE from accessing sensitive data and terminating employees at several federal agencies. The states' lawsuit challenges Musk's perceived unchecked power in making decisions typically reserved for nominated and Senate-confirmed officials under the Constitution.
President Trump appointed Musk to lead DOGE with the goal of reducing the federal workforce and eliminating certain programs. The administration has already dismissed probationary employees and instructed agency leaders to prepare for significant staff reductions.
The Democratic attorneys general argued that Musk's actions could pose risks to the secure handling of sensitive information and that citizens have valid concerns. However, the federal government contended that DOGE operates in an advisory capacity and does not require Senate confirmation to access data.
While the judge appeared hesitant to grant a temporary restraining order, she acknowledged some validity in the states' claims. She highlighted the challenge of a private citizen directing an organization, not a federal agency, to make decisions affecting the entire federal government without clear oversight.
Concerns were also raised about the unpredictable nature of DOGE's actions, making it difficult for states to anticipate future moves. The judge requested the Justice Department to provide details on past and upcoming employment terminations to better understand the department's activities.
Ultimately, the judge indicated that the case would revolve around determining the extent of Musk's authority and whether his actions align with constitutional requirements. A decision on the temporary restraining order is expected within 24 hours.
