Key Points
- The DOJ is blocking efforts to depose Elon Musk in a lawsuit. Plaintiffs accuse Musk of unlawfully dissolving USAID while advising Trump.
- Government lawyers argue that forcing Musk to testify violates the separation of powers.
- Musk’s “wood chipper” tweet is cited as evidence of his direct control.
- A judge previously allowed the lawsuit to proceed despite government objections.
The Trump administration is fighting to prevent Elon Musk from testifying in a high-profile lawsuit. The Department of Justice (DOJ) has asked a federal judge in Maryland to block attempts by government workers to depose the billionaire regarding his role in dismantling the US Agency for International Development (USAID).
The legal battle centers on allegations that Musk unlawfully directed the agency’s dissolution while serving as a senior adviser to President Donald Trump earlier this year.
The lawsuit, filed by current and former USAID employees and contractors, claims Musk exercised power reserved for Senate-confirmed officials. They argue that shutting down an agency created by Congress violated the Constitution’s separation of powers.
Musk, who served as the public face of the Department of Government Efficiency (DOGE) before leaving the administration this spring, has been vocal about his work. Plaintiffs point to a February social media post where Musk wrote, “We spent the weekend feeding USAID into the wood chipper,” as evidence that he was making decisions, not just giving advice.
However, the Justice Department argues that forcing high-level executive branch officers to testify is rare and legally difficult. In a court filing last week, government lawyers claimed that deposing Musk would intrude on the President’s confidential activities and violate separation-of-powers principles. They insist that the plaintiffs should try to obtain information through written requests or other witnesses before demanding that Musk appear under oath.
This is not the first time the administration has shielded DOGE officials. In May, the Supreme Court blocked a lower court from forcing another administrator to testify in a separate records case.
While a federal judge ruled in August that the USAID lawsuit could move forward—rejecting the government’s request to dismiss it entirely—the fight over Musk’s testimony is a new hurdle. The DOJ continues to represent Musk, maintaining that he was strictly an adviser without the authority to make major policy changes, despite the claims of the workers who lost their jobs.
