Thirteen Democratic-led states are pushing to stop Musk’s DOGE agency from accessing key government systems, warning that it could threaten public services. A judge acknowledged concerns but signaled skepticism about issuing an immediate temporary restraining order.
By PC Bureau
U.S. District Judge Tanya Chutkan on Monday signaled she is unlikely to immediately block Elon Musk and his allies from accessing federal data or initiating government job cuts. She added that she hopes to issue a ruling within 24 hours.
During a virtual hearing, Chutkan said the request from Democratic-led states lacked concrete evidence to justify such an extraordinary measure. While acknowledging concerns over the secrecy and rapid pace of Musk’s Department of Government Efficiency (DOGE), she noted that legal conclusions could not be rushed.
“DOGE appears to be operating in no predictable or orderly fashion, and plaintiffs are scrambling to figure out what’s next,” Chutkan said. “I don’t know if that’s deliberate or not.”
However, she stressed that granting a temporary restraining order required clear proof of grave, irreversible harm. Instead, she said the states relied largely on news reports and speculation about potential risks, some of which could be addressed through further litigation.
“I’m not seeing it so far,” Chutkan said. “It’s sort of like a prophylactic TRO, and that’s not allowed. The courts can’t act based on media reports.”
A Trump administration lawyer argued that Musk is not exercising any official authority over the federal government. This comes after 14 states sued DOGE, alleging an “unlawful delegation of executive power” to Musk that has caused “widespread disruption.” Critics say Musk’s increasingly powerful agency is dismantling federal programs and directing mass firings.
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State officials claim their ability to carry out education and other public programs is at risk. They accuse Musk’s team of using data from government systems to justify terminating initiatives and laying off employees.
“The things I’m hearing are troubling indeed, but I have to have a record and findings of fact before I issue something,” Chutkan said. However, she expressed skepticism that the states had met the legal standard for imminent harm required for a temporary restraining order (TRO).
“It’s kind of like a prophylactic TRO, and that’s not allowed,” she said, referring to the states’ request. She added that if the states ultimately prevail, she could order the restoration of programs affected by DOGE’s actions.
The attorneys general from New Mexico, Arizona, Michigan, and 11 other states want the court to block Musk’s DOGE team from accessing systems at the Departments of Labor, Education, Health and Human Services, Energy, Transportation, Commerce, and the Office of Personnel Management.
Since Trump took office last month and appointed Musk to lead DOGE, the agency has aggressively cut federal jobs and dismantled government programs under the guise of eliminating wasteful spending. The lawsuit also seeks to prevent Musk and DOGE from firing employees or placing them on leave.
A government attorney admitted he could not confirm whether thousands of federal employees had been fired on Friday.
“The firing of thousands of federal employees is not a small or common thing. You haven’t been able to confirm that?” Chutkan asked. The Department of Justice attorney responded that he would provide an update by the end of the day.
BREAKING: A federal judge refused to stop Elon Musk’s DOGE from accessing federal data, clearing the way for a full investigation into government waste, fraud, and abuse. pic.twitter.com/p28yT70VaF
— Libs of TikTok (@libsoftiktok) February 17, 2025
The states argue that Musk wields executive power that can only be exercised by a government official nominated by the president and confirmed by the Senate, per the Appointments Clause of the U.S. Constitution. They also claim DOGE lacks congressional authorization.
More than 20 lawsuits have been filed in federal courts challenging Musk’s authority, with mixed rulings so far.
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Key Events Timeline
February 12, 1:40 p.m. EST – DOGE announced its official website launch. The site featured a live feed of DOGE’s posts on X, a job application page, a government employee breakdown chart, and a savings page that read: “Receipts coming soon, no later than Valentine’s Day 💘.” The agency stated it would “continuously enhance the site’s utility and transparency.”
February 11, 5:45 p.m. EST – Trump issued an executive order requiring federal agencies to consult with DOGE on hiring approvals, staffing ratios, and workforce reduction plans aimed at cutting government “waste, bloat, and insularity.” The order mandated that agencies could hire only one new employee for every four who departed, except in military and law enforcement roles.
February 11, 4:30 p.m. EST – In the Oval Office, Musk defended DOGE’s workforce reductions, asserting they were conducted transparently through updates on X and the DOGE website. Trump praised DOGE’s efforts, claiming they uncovered “tremendous fraud and abuse.” Addressing concerns about government overreach, Musk responded, “The people voted for major government reform… and that’s what democracy is all about.”
February 11, 3:41 p.m. EST – White House Press Secretary Karoline Leavitt posted on X, announcing that Musk and Trump were in the Oval Office to “give the TRUTH about DOGE!”
February 11 – Pete Hegseth told reporters that DOGE would continue identifying efficiency measures but assured, “We won’t do anything that harms American operational or tactical capabilities.” However, the extent of potential cuts remained uncertain, especially given bipartisan resistance to reducing defense spending.
February 8 – U.S. District Judge Paul Engelmayer issued an order blocking DOGE from accessing Treasury payments, citing cybersecurity risks. He also mandated the destruction of any sensitive government data obtained since January 20.
February 7, 8:00 p.m. EST – Nineteen Democratic attorneys general sued Trump and Treasury Secretary Scott Bessent, arguing that DOGE’s access to federal payment systems violated the law, endangered personal data, and could allow unconstitutional spending cuts that bypass Congress.
