Press Release
April 16, 2025
WASHINGTON – Today, a group of federal employees announced their intention to file an amended complaint expanding their lawsuit against Elon Musk and the Department of Government Efficiency (DOGE), adding officials and agencies involved in the unconstitutional shutdown of the U.S. Agency for International Development (USAID). The amended action, brought as a class action, represents over 10,000 USAID personnel affected by the unconstitutional dismantling of USAID. Plaintiffs are represented by the State Democracy Defenders Fund (SDDF), Marziani, Stevens & Gonzalez PLLC (MSG) and Lieff, Cabraser, Heimann & Bernstein, LLP.
Potential new defendants include:
- USAID
- The U.S. Department of State
- President Donald J. Trump
- Secretary of State Marco Rubio (also serving as Acting USAID Administrator)
- Peter Marocco, former de facto Deputy Administrator, USAID
- Jeremy Lewin, Deputy Administrator for Policy & Programming and Chief Operating Officer, USAID
- Kenneth Jackson, Deputy Administrator for Management & Resources, USAID
The amended complaint includes new allegations detailing Musk’s growing control over government operations in violation of the Appointments Clause of the U.S. Constitution — from unilaterally suspending federal contracts and employee salaries to issuing directives that impact agency-wide policy without legal authority.
“In a few short months, Elon Musk has done incredible damage to USAID, federal agencies across the board and the basic functioning of our government,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “The unprecedented power he has been allowed to wield, as an unelected and unconfirmed ‘special government employee’ attempting to usurp the powers of Congress, is illegal and unconstitutional. The American people should not – and, will not – be governed by an unelected billionaire playing by his own rules.”
The filing also expands on the plaintiffs’ claims that DOGE, as part of the Executive Branch, usurped Congress’s exclusive authority under the Constitution to create and close federal agencies and violated the Separation of Powers by dismantling USAID.
“Separation of powers is a hallmark of our constitutional democracy. By giving each branch a separate governmental role, our country’s Framers sought to prevent the type of unchecked authority that leads to tyranny. Musk, DOGE and the other defendants have ignored these principles in attempting to unilaterally ‘delete’ USAID and run roughshod over the rule of law.” said Mimi Marziani of MSG.
The plaintiffs continue to seek a permanent injunction that would block Musk and his DOGE team from performing duties that legally require Senate-confirmed officers and halt any further unconstitutional overreach.
A link to the letter is available HERE. The complaint itself will be made available after it is filed.
A link to the amended complaint is available HERE
State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
Marziani, Stevens & Gonzalez PLLC is a mission-driven law firm. We are rooted in Texas with nationally recognized legal expertise, uniquely positioned to provide exceptional representation in today’s dynamic political landscape.
Lieff Cabraser Heimann & Bernstein, LLP, founded in 1972 with offices in San Francisco, New York, Nashville, and Munich, has served as Court-appointed Plaintiffs’ Lead or Class Counsel in many hundreds of state and federal coordinated, multi-district, and complex litigations throughout the United States.