Press Release
February 26, 2025
WASHINGTON – Today, a group of federal employees refuted the government’s claim that Elon Musk and the Department of Government Efficiency (DOGE) are limited to an advisory role, contending in a legal response that Musk and DOGE exercise unprecedented and illegal power over federal agencies. This filing is the latest step in a lawsuit by 26 anonymous plaintiffs, which aims to stop Musk and DOGE from continuing their unconstitutional assault on federal programs, federal employees, and laws duly enacted by Congress—an assault that violates privacy and security laws, upends our Constitutional separation of powers, and consolidates power in the hands of the world’s richest man.
The response asserts that, over the last month, Elon Musk and DOGE have been involved in an unconstitutional takeover of essential government functions. Public reports and firsthand accounts from agency personnel indicate that DOGE has been making critical personnel decisions, restricting access to crucial systems, sending agency-wide communications, and overriding decisions of senior department leadership. Musk himself has said that DOGE’s role has included drastic actions such as “feeding USAID into the woodchipper.” Yet despite the clear evidence to the contrary, the government, recognizing the unconstitutionality of Musk’s and DOGE’s conduct, has said that Musk is merely a Presidential advisor.
The original complaint, filed on February 13, was the first to argue that Musk’s actions are in violation of the United States Constitution’s Appointments Clause. The plaintiffs are represented by State Democracy Defenders Fund (SDDF) and Marziani, Stevens & Gonzalez PLLC (MSG).
The next step in this case will be a hearing on the plaintiff’s motion for a preliminary injunction, which is currently scheduled for Friday, February 28, 2025, at 2:00 p.m. EST before Judge Theodore D. Chuang in Greenbelt, Maryland.
In the original complaint, the plaintiffs allege that Musk’s attempts to stop payment of congressionally approved money, access sensitive and confidential data across government agencies, fire government employees and contractors, and dismantle entire agencies exceed his authority. The Constitution’s Appointments Clause only gives those powers to people nominated by the President and confirmed by the U.S. Senate, neither of which applies to Musk. Since Musk’s role as the de facto DOGE administrator constitutes the performance of significant governmental duties that should only be handled by duly appointed officers of the United States, the plaintiffs are seeking a permanent injunction to prevent Musk and his team from continuing their roles.
“Elon Musk is wielding extraordinarily broad and unprecedented power in leading DOGE without constitutional authority,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “Our government has rules to protect the American people from executive overreach. An unelected, part-time ‘special government employee’ cannot legally circumvent them. We can and will achieve accountability through the courts.”
“We are proud to represent the plaintiffs and stand up for the Constitution. The questions regarding Musk’s and DOGE’s role, scope of authority, and proper appointment under our Constitution are not merely academic. Our plaintiffs are regular Americans who have faithfully served our country and the public good, but they have had their lives turned upside down just because Musk wants to play master of the universe,” said Mimi Marziani, of MSG. “Our Constitution is designed to guard against these very sorts of abuses, because our nation depends upon a government for all, not for a few.”
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.