A DOGE worker has taken a senior leadership position at USAID as a radical judge ruled Elon Musk and DOGE likely violated the US Constitution when it shut down the agency.
On Tuesday Theodore Chuang, an Obama appointee, ordered Elon Musk and DOGE to reinstate all of USAID’s functionality.
The lawsuit was brought by current and former USAID workers.
Judge Chuang said DOGE’s decision to shut down USAID violated the Constitution’s Appointments Clause and the Separation of Powers.
The plaintiffs argued that Elon Musk is operating with unchecked power since he is not Senate-confirmed — and that since Elon Musk is not Senate-confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
The judge also barred DOGE from any further actions related to USAID’s closure.
“For the foregoing reasons, the Court finds that Defendants’ action s taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violate the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how close down an agency created by Congress,” the Judge wrote in a 68-page ruling.
It appears DOGE figured out a way to checkmate the judge: A senior DOGE official has now taken over USAID and will have authority over the agency.
In an email obtained by the Associated Press, Pete Marocco, a Trump appointee in the State Department who was serving in a leadership role at USAID revealed the change.
The email was sent on the same day Judge Chuang issued his absurd ruling.
The AP reported:
A senior official at Elon Musk’s Department of Government Efficiency is taking a leadership role at the U.S. Agency for International Development, giving DOGE direct authority over an agency that it has worked to dismantle, according to an email obtained by The Associated Press.
Pete Marocco, a Trump administration political appointee who was serving as deputy head of USAID, disclosed the change in the email to State Department staff. It comes after Marocco and DOGE oversaw the gutting of 83% of USAID contracts, shifting the remaining programs under the State Department.
Marocco said in his email that he will serve as the State Department’s head of foreign assistance.
Marocco wrote that Secretary of State Marco Rubio will “effective immediately” designate Jeremy Lewin as deputy administrator for policy and programs at USAID and as chief operating officer.
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