A federal judge raised significant questions on Monday about the constitutionality of the U.S. Department of Government Efficiency Service (DOGE) and the involvement of billionaire Elon Musk. During a lengthy hearing in Washington, District Judge Colleen Kollar-Kotelly expressed concerns regarding the group’s operations and potential violations of the Constitution.
Constitutional Concerns
Judge Kollar-Kotelly, appointed by President Bill Clinton, refrained from issuing an immediate ruling but repeatedly highlighted the lack of clarity regarding the oversight of the U.S. DOGE Service. This agency, responsible for cost-cutting measures and workforce reductions across the government, faces scrutiny over its compliance with the appointments clause of the Constitution.
Elon Musk’s Role
Despite assertions from the Trump administration that Elon Musk does not administer the DOGE Service or serve as an employee, Judge Kollar-Kotelly referenced various statements suggesting Musk’s deeper involvement. Notably, President Trump’s remarks in Miami linking Musk to the management of DOGE raised doubts about the official narrative.
Legal Implications
Attorney Bradley Humphreys, representing the government, admitted to limited knowledge of Musk’s responsibilities beyond his advisory capacity to the president. The Justice Department contends that Treasury’s DOGE team, under the leadership of Tom Krause, operates within legal boundaries under Secretary Scott Bessent’s oversight.
Judicial Action
Judge Kollar-Kotelly imposed temporary restrictions on Treasury’s DOGE team pending further investigation into its access to vital payment systems. While considering a permanent injunction, she mandated the Treasury Department to furnish detailed records by March 10 elucidating the decision-making process regarding DOGE’s system access.
Legal Landscape
The legal battle in Washington parallels a separate case in Manhattan where a federal judge prohibited the Treasury DOGE team from utilizing payment systems due to potential violations of administrative protocols. The ongoing judicial scrutiny underscores the complexity surrounding DOGE’s operations and Musk’s alleged involvement.
