MINNEAPOLIS — A lawsuit initiated on Thursday by attorneys general from 14 states contests the authority of billionaire Elon Musk and his Department of Government Efficiency, claiming they have access to sensitive government data and wield “virtually unchecked power.”
This lawsuit, lodged in federal court in Washington, D.C., asserts that President Trump breached the appointments clause of the Constitution by establishing a federal department without congressional sanction.
The Department of Government Efficiency (DOGE), which is not an official government agency, was assigned by Mr. Trump to devise recommendations on reducing federal expenditures, with billionaires Musk and Vivek Ramaswamy reportedly aiming to cut approximately $500 billion from annual costs before Trump’s exit.
Musk’s team has been moving through various agencies, accessing computer systems, reviewing budgets, and investigating what he terms waste, fraud, and abuse, even as lawsuits multiply asserting that Mr. Trump and DOGE are breaching the law.
The most recent lawsuit outlines, according to the state attorneys general, that Musk has “disassembled federal agencies, accessed sensitive data, and caused significant disruption for state and local governments, federal employees, and the American public.” It further claims that DOGE “threatens cybersecurity and undermines public trust.”
Leading the lawsuit is the New Mexico Department of Justice, with Arizona and Michigan acting as co-leads. Attorneys general from California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington have also joined the legal challenge.
They are requesting the court to mandate Musk to disclose how “any data accessed unlawfully was utilized,” eliminate “any unauthorized access in his or DOGE’s possession,” and prohibit Musk and DOGE from making changes to the distribution of public funds, canceling government contracts, and dismantling agencies, among other actions.
On the same day, Musk advocated for the U.S. to “delete entire agencies” from the federal government as part of his strategy to drastically reduce spending and reshape its priorities.
Democratic attorneys general argue that Musk’s tactics are sparking serious worries among their constituents regarding the secure management of sensitive information at agencies such as the Centers for Disease Control and Prevention and the IRS.
“Donald Trump seems to believe that a narrow electoral victory grants him king-like powers. He could not be more mistaken,” stated Minnesota Attorney General Keith Ellison. “Even worse, Trump installed Elon Musk at the helm of that agency without proper vetting or Senate confirmation, and Musk has leveraged that unconstitutional appointment to attempt to decimate the federal government.”
New Mexico Attorney General Raúl Torrez commented that Mr. Trump is revealing “weakness” by utilizing Musk rather than pursuing his agenda through a Republican-majority Congress.
“Acting quickly and disruptively may be effective in Silicon Valley for a tech firm,” Torrez remarked. “It’s not a valid governing strategy and it’s unconstitutional.”
The lawsuit is asking for a judicial ruling to declare Musk’s actions unconstitutional and to invalidate his prior actions.
Just last week, a federal judge in New York temporarily blocked DOGE from accessing Treasury Department records that contain sensitive personal data, including Social Security and bank account numbers for millions of Americans. U.S. District Judge Paul A. Engelmayer issued the preliminary injunction following a lawsuit filed by 19 Democratic attorneys general against Mr. Trump.
Previously, a lawsuit from the public interest law firm National Security Counselors accused DOGE of functioning as a federal advisory committee, thus violating the Federal Advisory Committee Act, or FACA, which governs the operations and transparency of federal advisory committees, as alleged by the group.
A coalition representing veterans, public health experts, educators, and other organizations also filed suit against DOGE, citing FACA and seeking a court order to halt DOGE’s endeavors until it aligns with the law.
Ed O’Keefe and
Aimee Picchi
contributed to this report.
