BALTIMORE — The Maryland federal judge attempting to oust Elon Musk and DOGE from USAID is facing articles of impeachment.
Judge Theodore Chuang, an appointee of former President Barack Obama, says Musk and company's involvement in shutting down USAID was likely unconstitutional.
In turn, he ordered DOGE to reinstate computer access to USAID employees and contractors, including those placed on administrative leave.
That ruling has since been paused by the federal Fourth Circuit Court of Appeals.
President Donald Trump granted Musk and DOGE broad authority to audit government contracts, and to recommend termination of those classified as government waste, fraud, or abuse.
But Chuang opines such power requires Musk to be Senate confirmed.
While other federal judges have been critical of Musk's role at USAID, all have stopped short of deeming his actions unconstitutional.
Chuang's March 18 order calls for USAID offices to remain open, despite the Trump Administration vowing to shutter it.
Many USAID employees have already been let go by the federal government.
Secretary of State Marco Rubio, who is running the agency in an acting capacity, recently announced the termination of 90 percent of USAID contracts.
A separate judge in Washington D.C. ruled USAID was on the hook for paying contractors for work already completed but allowed cancellation of future contracts.
Under Chuang's order, Musk and DOGE would no longer call any shots regarding USAID operations.
However, Chuang indicated actions already taken could technically stand as long an official agency head signs off, which in this case is Rubio, whose publicly supported Musk's efforts.
Rubio did as Chuang instructed, and delegated Jeremy Lewin as USAID deputy administrator.
Chuang, though, later said Lewin's appointment was illegal too, banning him from making decisions as well.
This led the government to file an immediate appeal, resulting in the stay, meaning for now Musk and DOGE are free to continue their work at USAID.
If the government ultimately loses the lawsuit, Chuang wants Musk and DOGE to sign an agreement allowing for USAID to reoccupy their former Washington D.C. headquarters.
Chuang's orders rattled GOP members of congress.
Rep. Andy Ogles of Tennessee, even filed articles of impeachment against Chuang, writing on Musk's X platform, "An Obama appointee and lifelong Democrat who blocked Trump’s travel ban in 2017. This judge literally peddled critical race theory as editor of the Harvard Law Review. Now he’s trying to save USAID, which gives money to terrorist and radical LGBTQ+ propaganda. Impeach him!"
This lawsuit is just one of many injunctions issued against Musk by Maryland judges, all of which have been appealed.
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Such decisions have not only drawn the ire of Trump allies, but have also raised separation of power concerns, sparking questions of whether Trump should comply or defy court orders.
Legal experts generally believe courts have no true enforcement mechanism against a sitting President with sweeping immunity and control of the DOJ whose job it is to implement judicial orders.
Critics, including Musk himself, have openly supported the idea of Trump ignoring the courts.
As for successfully impeaching the judges, it's highly unlikely due to a super majority needed in the Senate.
