Musk and DOGE Leaders Must Depose Over Alleged Unauthorized Shutdown of U.S. Agency for International Development

By James Morley III
Wednesday, February 4, 2026

A federal judge in Maryland has ordered Elon Musk and key officials from the Department of Government Efficiency (DOGE) to provide depositions in connection with litigation over their alleged roles in dismantling the U.S. Agency for International Development.

The ruling, issued by U.S. District Judge Theodore D. Chuang, advances discovery in a lawsuit filed by current and former USAID employees and contractors. Plaintiffs assert that Musk and DOGE unlawfully exercised government authority during actions that significantly curtailed or dismantled USAID operations, violating the Constitution’s Appointments Clause and separation of powers principles.

Chuang’s order compels Musk and senior DOGE officials to submit sworn testimony detailing their involvement, decision-making processes, and the scope of authority they exerted in restructuring the congressionally established agency. The depositions represent a critical procedural step as the court seeks clarity on the extent of Musk’s participation and whether DOGE exceeded lawful limits in its efforts to shutter programs, revoke employee access, and assume operational control at USAID.

The lawsuit stems from actions initiated by DOGE in early 2025 that targeted USAID operations. In prior rulings, Chuang determined certain aspects of the effort were likely unconstitutional and temporarily blocked further unilateral action. Plaintiffs argue Musk, who was not confirmed by the Senate for any federal office, improperly exercised powers reserved for duly appointed officials. DOGE maintains Musk acted in his capacity as a senior presidential adviser with delegated authority.

The deposition order intensifies a high-profile legal conflict over executive power, the role of private advisers in government operations, and the future administration of U.S. foreign aid programs.