Elon Musk can be questioned under oath in DOGE case, judge rules

The USAID case is one of the few remaining active legal fights over Musk’s role in the Trump administration and the DOGE’s push to slash U.S. spending. Photo by Jose Luis Magana/AP Photo/Postmedia files

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“Extraordinary circumstances justify” making Musk and two former USAID officials available for depositions despite the objections of the Trump administration, U.S. District Judge Theodore Chuang wrote in a Wednesday order.

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Noting Musk’s social media posts taking credit for shuttering the aid agency last year, among other evidence, Chuang found that Musk and the other witnesses “likely have personal, first-hand knowledge of the facts relevant and essential to the resolution of this case.”

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A deposition is questioning that takes place in private but that the challengers can use as they press their claims.

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The USAID case is one of the few remaining active legal fights over Musk’s role in the Trump administration and the Department of Government Efficiency’s push to slash U.S. spending and shrink the government workforce.

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Chuang, who sits in Greenbelt, Maryland, previously denied the administration’s request to toss out the lawsuit.

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Musk, the chief executive of Tesla Inc. and SpaceX, left his position as an administration adviser last spring. He was the public face of DOGE, although another official, Amy Gleason, was formally appointed as the head of that office. The Justice Department has continued to represent Musk’s interests in cases where he was sued over moves associated with DOGE.

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The Justice Department had argued that compelling Musk to testify would “intrude on White House activities and the president’s performance of constitutional duties, which triggers significant separation-of-powers concerns.”

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Chuang wrote that it wasn’t clear that Musk qualified as a “high-ranking government official” entitled to legal protection, such as a cabinet secretary or other agency head. The administration could ask to limit certain types of questions to avoid presidential “intrusion,” the judge said.

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The government had failed to give the challengers a complete record of documents that addressed key decisions — and decision-makers — related to the USAID closure, Chuang wrote.

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“Assuming the defendants complied with the court’s order in good faith, they have effectively acknowledged that these orders were given orally,” the judge wrote, “such that the only evidence on these questions would be the oral testimony of the officials present.”

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The judge also denied the government’s request to block depositions of two former USAID officials, Peter Marocco and Jeremy Lewin.

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Tianna Mays, legal director for Democracy Defenders Fund, which represents plaintiffs in the case, said in a statement that they “look forward to Mr. Musk being compelled to testify so the American people can finally learn how this administration illegally destroyed a congressionally established agency.”

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A Justice Department spokesperson declined to comment. A representative for Musk’s companies did not immediately respond to requests for comment on Thursday.

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