Judge Backs Trump Agency Despite Democrats’ Strong Push

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Last week, 14 Democratic state attorneys general initiated legal action against the Trump administration’s Department of Government Efficiency, attempting to prevent the dismissal of federal employees, termination of government contracts, and access to sensitive agency information.

The lawsuit, filed in front of Judge Tanya S. Chutkan, an Obama appointee known for her stern handling of January 6 cases and previous opposition to Trump’s administration, took an unexpected turn. Despite the judge’s reputation, she denied the Democratic AGs’ request for a temporary restraining order against the DOGE, although she expressed concerns about Elon Musk’s authority.

In her statement, Chutkan wrote, “Plaintiffs legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight.”

🚨 US District Judge Tanya S. Chutkan declines to issue ruling halting @elonmusk and @DOGE from accessing federal data! The 14 Liberal AG’s bringing the lawsuit, should be sued for bringing frivolous litigation!

🇺🇸And the wins keep coming🇺🇸 pic.twitter.com/x3u0QXzzuE

— Mad Starr (@PatriotInSF) February 17, 2025

The Democratic attorneys general’s filing highlighted the DOGE’s involvement across numerous federal agencies, with particular emphasis on their disapproval of the administration’s reforms at the U.S. Agency for International Development.

The lawsuit alleged that Musk wielded excessive influence throughout the federal government, claiming he was operating beyond an advisory role and exercising powers reserved for appointed officials under the Constitution’s Appointments Clause.

Joshua Fisher, who leads the White House Office of Administration, defended Musk’s position in a court document. “In his role as a Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors,” wrote Fisher. “Like other senior White House advisors, Mr. Musk has no actual or formal authority to make government decisions himself. Mr. Musk can only advise the President and communicate the President’s directives.”

Outstanding. I have to say I did not expect this from her.
District Court Judge Tanya Chutkan, an OBAMA appointee, rejected an effort by state Democratic attorneys generals to shut down DOGE.pic.twitter.com/yHnMf0cIlk

— Sadie (@Sadie_NC) February 17, 2025

While acknowledging the Democrats’ concerns about Musk’s role, Judge Chutkan explained that legal constraints prevented her from issuing such a broad temporary restraining order without clear evidence of immediate and irreparable harm to the plaintiffs.

Department of Justice attorney Harry Graver reinforced the administration’s position during proceedings, stating, “An appointment clause claim is entirely about somebody occupying an office and using the trappings of that office to wield sovereign power. Nowhere have my friends offered a shred of anything, nor could they, to show that Elon Musk has any formal or actual authority to make any government decision himself.”