Feb. 17 (UPI) — A federal judge appeared Monday unwilling to block Elon Musk and the Department of Government Efficiency from firing federal workers or accessing data, during a hearing in Washington, D.C., saying “I’m not seeing it so far.” A ruling is expected by Tuesday.
U.S. District Judge Tanya Chutkan said the effort led by 14 Democrat-led states lacked concrete evidence to justify issuing a temporary restraining order against DOGE. Chutkan said the states relied on news reports, which speculated about the risks of DOGE’s actions.
“The court can’t act based on media reports. We can’t do that,” said Chutkan, an appointee of former President Barack Obama. “The things I’m hearing are concerning indeed and troubling indeed, but I have to have a record, and I have to make a finding on the facts before I issue something.”
Arizona Attorney General Kris Mayes filed the multi-state lawsuit Thursday to stop Musk from what she called an unlawful delegation of executive power.
“Allowing one individual to flout the law without consequence threatens our entire constitutional system,” Mayes said in a statement. “We cannot allow our democratic processes to be hijacked by immense wealth and privilege.”
The states requested a temporary order barring DOGE from accessing data and firing workers at the Departments of Labor, Energy, Education, Transportation, Commerce and Health and Human Services, as well as at the Office of Personnel Management.
The states argue Musk’s role at DOGE violates the Constitution’s appointments clause, which requires “principal officers” of the executive branch be formally appointed by the president and confirmed by the Senate.
While Chutkan seemed unwilling to issue an immediate restraining order Monday, the states will have more time to gather and present additional evidence.
“Mr. Musk hasn’t been nominated, confirmed by Congress or appointed to anything,” Chutkan said.
“This is essentially a private citizen directing an organization that’s not a federal agency that has access to the entire working of the federal government, fire, hire, slash contracts, terminate programs all without apparently any congressional oversight,” Chutkan added.
In response, a Justice Department attorney said Musk and DOGE are not carrying out any firings or funding cuts. Instead, officials within the federal agencies are managing their own workforces based on what DOGE has found, he said.
“There is not a single instance of Elon Musk in his own name or the USDS commanding any of these actions at all. Somebody is signing that document, somebody is taking that action on behalf of the government,” said Justice Department attorney Joshua Gardner.
“All they’ve done is offer these 100,000-foot allegations that Elon Musk is holding the puppet strings,” Gardner added.
To issue the urgent temporary restraining order, Judge Chutkan called on plaintiffs to provide concrete evidence and prove their claim of “imminent harm” that “can’t be undone.”
“I’m not seeing it so far,” she said.
