As previously reported, DOGE official Jeremy Lewin took a senior leadership position at USAID as a radical judge ruled Elon Musk and DOGE likely violated the US Constitution when it shut down the agency.
On Tuesday Theodore Chuang, an Obama appointee, ordered Elon Musk and DOGE to reinstate all of USAID’s functionality.
The lawsuit was brought by current and former USAID workers.
Judge Chuang said DOGE’s decision to shut down USAID violated the Constitution’s Appointments Clause and the Separation of Powers.
The plaintiffs argued that Elon Musk is operating with unchecked power since he is not Senate-confirmed — and that since Elon Musk is not Senate-confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
The judge also barred DOGE from any further actions related to USAID’s closure.
“For the foregoing reasons, the Court finds that Defendants’ action s taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violate the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how close down an agency created by Congress,” the Judge wrote in a 68-page ruling.
Later Tuesday it appeared DOGE figured out a way to checkmate the judge: A senior DOGE official took over USAID and will have authority over the agency.
In an email obtained by the Associated Press, Pete Marocco, a Trump appointee in the State Department who was serving in a leadership role at USAID revealed the change.
The email was sent on the same day Judge Chuang issued his absurd ruling.
However, Judge Chuang enjoined Jeremy Lewin and prohibited him from taking a leadership position at USAID.
“Defendants shall not take any other actions relating to USAID without the express authorization of a USAID official with legal authority to take or approve the action,” Judge Chuang wrote in his order.
THREAD: Starting fresh thread elaborating on horrifyingly abusive order just entered by a federal judge. Judge Chuang just clarified that he was enjoining Jeremy Lewin, individual Marco Rubio delegated authority to serve as Deputy Administrator and COO of USAID could not: pic.twitter.com/9Y2ihR7dHC
— Margot Cleveland (@ProfMJCleveland) March 21, 2025
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