In a decision late Wednesday, U.S. District Judge Tanya Chutkan ordered Elon Musk and his Department of Government Efficiency (DOGE) to release records and answer questions about the scope of their authority and their plans to reduce Federal spending.
Chutkan’s decision is a win for 14 state attorneys general who last month filed a lawsuit against President Donald Trump, DOGE, and Elon Musk, arguing Musk has “virtually unchecked authority” and that his actions are unconstitutional without congressional approval, violating the Appointments Clause.
In their lawsuit, the states sought a temporary restraining order (TRO) to block DOGE from firing employees or accessing data from several Federal agencies.
However, Chutkan denied that request on Feb. 18, writing that she could not issue a TRO against Musk and DOGE “without clear evidence of imminent, irreparable harm.” Now, the states are aiming to uncover that very evidence through their latest discovery request.
Specifically, the state attorneys general are seeking records to “confirm public reporting about Defendants’ conduct, show Defendants’ future plans, and illustrate the nature and scope of the unconstitutional and unlawful authority that Defendants are exercising and will continue to imminently exercise.”
In response to the motion for discovery, the defendants argued that “the ‘inner workings of government’ are immaterial to an Appointments Clause claim,” but the judge was not entirely convinced by their argument.
“The court is not convinced, but that is a legal issue appropriate for resolution after fulsome briefing … At this stage, it is sufficient that plaintiffs’ discovery requests intend to reveal the scope of DOGE’s and Musk’s authority,” she wrote.
However, Chutkan limited the discovery requests to material related to agencies, employees, contracts, grants, Federal funding, legal agreements, databases, and data management systems that involve the 14 states or entities they operate or fund.
She rejected the states’ request for sworn testimony through depositions and clarified that her order does not apply to Trump.
The ruling was not a complete win for the states. While Chutkan granted some of their discovery requests, she denied their demand for sworn testimony at this stage and made it clear that Trump does not have to respond to the written questions or document requests.
Chutkan gave Musk and DOGE three weeks to comply. Any information the states gather could influence whether the court blocks Musk and DOGE’s government activities. DOGE and Musk may appeal to a higher Federal court.
