A coalition of 23 Democratic state attorneys general has intensified legal confrontations against actions taken by former President Donald Trump and billionaire entrepreneur Elon Musk. These actions, including sweeping cost-cutting measures at key federal agencies such as the Treasury Department and the US Agency for International Development (USAID), have sparked significant legal and constitutional concerns. Legal experts, Democratic attorneys general, and top congressional Democrats have raised alarms about potential threats to the rule of law and the US Constitution posed by Trump and Musk's initiatives.
At the heart of the controversy is a lawsuit alleging that Trump violated the Constitution's appointments clause by establishing a federal agency without congressional approval. This move has drawn sharp criticism from legal experts who argue that it exemplifies executive overreach. The lawsuit further contends that Trump's actions represent a blatant power play, undermining Congress and transparency. Additionally, Musk's aggressive cost-cutting drive, endorsed by Trump, has been linked to the substantial campaign contributions Musk made to Trump's campaign.
On Thursday, 14 state attorneys general filed a lawsuit in federal court in Washington, D.C., broadly challenging the authority of Musk and Doge, a controversial agency created under Trump's administration, to access sensitive government data. The legal challenge has added another layer to the ongoing dispute over Musk's expanded authority. Earlier this week, Trump unveiled a new executive order in the Oval Office that expands Musk's authority and mandate, further drawing scrutiny from critics.
One of Trump's first actions upon taking office last month was to dismiss 17 veteran agency watchdogs, known as inspectors general. This move has fueled concerns over accountability and transparency within federal agencies. Musk has been vocal in his criticism of USAID, labeling it a "criminal organization" and an "arm of the criminal left globalists."
The regulatory and staffing cuts orchestrated by Trump and Musk at the Treasury Department, USAID, and other agencies have faced multiple rebukes from judges and legal experts. A New York judge recently issued a temporary order halting Doge's access to the Treasury payments system in response to a lawsuit. In February, 19 Democratic attorneys general sued Trump and the Treasury Secretary to prevent Doge from accessing sensitive documents containing information about millions of Americans. Among those who sued were inspectors general from the Departments of Defense, Education, and Health and Human Services.
Trump's new executive order mandates federal agencies to "coordinate and consult" with Doge to slash jobs and curb hiring. Meanwhile, Musk has spoken in grandiose terms about his mission, making dubious claims about uncovering frauds, while asserting without evidence that it aligns with "what the people want."
“In the US, we appeal rulings we disagree with – we don’t ignore court orders or threaten judges with impeachment just because we don’t like the decision.” – Arizona’s attorney general, Kris Mayes
“The president is openly violating the US constitution by taking power from Congress and handing it to an unelected billionaire – while Elon Musk goes after judges who uphold the law and rule against them,” – Arizona’s attorney general, Kris Mayes
Legal experts have criticized Trump and Musk's actions as dangerous attempts to undermine public confidence in the judiciary. Barbara McQuade, a former federal prosecutor, emphasized the importance of judicial oversight in maintaining a balance of power under the constitutional system.
“The suggestions by Trump, Musk and Vance that courts are impermissibly interfering with Trump’s mandate to lead is absurd,” – Barbara McQuade, former federal prosecutor
“Under our constitutional separation of powers system, each co-equal branch serves as a check on the others. The role of the courts is to strike down abuses of executive power when it violates the law. Comments disparaging the courts seems like a dangerous effort to undermine public confidence in the judiciary. If people do not respect the courts, they will be less inclined to obey their orders.” – Barbara McQuade, former federal prosecutor
Concerns have also been raised about personal attacks on judges who rule against Trump and Musk's initiatives. Former federal judge John Jones warned that such attacks could expose judges to harm.
“While federal judges expect people to disagree with their opinions, I have long feared that personal attacks like those from Trump and Musk against at least one New York judge would expose them to harm and even death,” – John Jones, former federal judge
Despite these criticisms, Trump appears undeterred in his efforts to question judicial decisions that impede his agenda.
“It seems hard to believe that a judge could say, ‘We don’t want you to do that,’ so maybe we have to look at the judges because I think that’s a very serious violation.” – Donald Trump
The firing of inspectors general such as Paul Martin has further fueled concerns over transparency and oversight within federal agencies.
“The firing of IG Paul Martin, a highly respected and experienced inspector general, on the day after his office released a critical report, risks sending a chilling message that is antithetical to IGs’ ability to conduct impactful independent oversight on behalf of the American taxpayer,” – Robert Storch, ex-defense department IG
Critics argue that Musk's influence over federal agencies could lead to the erosion of congressionally created rules designed to protect public interests while prioritizing the interests of the wealthy.
“Musk and his followers can use that access to help Trump kill or neutralize congressionally created agencies and rules that serve and protect the public interest, while ensuring the government protects and serves the ability of the wealthy to grow their fortunes.” – Robert Storch, ex-defense department IG
“President Trump has not only afforded Elon Musk and Doge extraordinary power over federal agency operations with little public oversight and accountability, but he has also done so at the expense of Congress and its constitutionally mandated power,” – Donald Sherman, chief counsel at Citizens for Responsibility and Ethics in Washington
“Trump enabled Musk’s capture of the federal government after illegally firing more than a dozen inspectors general despite Congress strengthening the laws protecting IGs less than three years ago … ” – Donald Sherman, chief counsel at Citizens for Responsibility and Ethics in Washington
Critics argue that Trump and Musk's claims of targeting waste, fraud, and abuse are mere smokescreens for their true intentions.
“I think their claims that they’re going after waste, fraud and abuse is a complete smokescreen for their real intentions,” – Sheldon Whitehouse, Democratic senator