Judge Chutkan Lets Case Against Trump’s Shadow Government Proceed

LegalAF By Michael Popok: “A blockbuster ruling out of federal court just put the brakes on Donald Trump’s alleged attempt to bypass Congress and install a shadow government headed—at least in part—by none other than Elon Musk. Federal District Court Judge Tanya Chutkan has ruled that a lawsuit brought by 14 states challenging the legality of Trump’s so-called “Doge” agency will not be dismissed. The lawsuit alleges that Elon Musk—through his de facto control of the Doge agency—has been exercising power over at least 17 federal departments and agencies, wielding sweeping executive authority without Senate confirmation, without proper legal appointment, and in direct violation of the U.S. Constitution. Judge Chutkan, in a 50-page ruling, said the plaintiffs had alleged a valid injury and sufficiently stated a claim that must now proceed to the next stages of litigation, including discovery. In denying the motion to dismiss, she rejected arguments that Musk is some sort of “temporary special government worker”—a kind of Uber-style advisor with no real power. In her words, he “wields considerable power,” and the allegations that Trump effectively created an unauthorized agency with Musk at the helm were more than enough to get past this early hurdle…A Separation of Powers Crisis – The central constitutional issue raised by the 14-state coalition is that Trump—via executive order—illegally created a federal agency and appointed Musk (and possibly others) to lead it, bypassing both Congressional authorization and Senate confirmation. Judge Chutkan made clear: only Congress has the power to create federal agencies. The president may nominate individuals to lead those agencies, but only with Senate confirmation.

In her opinion, Chutkan wrote: “The Constitution divides and balances power across the three branches—the Executive, Legislature, and Judiciary—as a vital check against tyranny and to promote effective governance.”She zeroed in on the “Appointments Clause” of the Constitution, which embodies this principle of separated powers. It prevents a president from unilaterally creating new offices and staffing them with loyalists—precisely the concern voiced by the Framers in their efforts to prevent the rise of tyranny.