BALTIMORE — Another judge rules against the Trump administration out of a federal court in Maryland.
This time aimed at Elon Musk and his Department of Government Efficiency.
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 USAID data access to employees and contractors, even those who've been placed on administrative leave.
President Donald Trump granted Musk and DOGE broad authority to audit USAID contracts, and terminate those classified as government waste, fraud, or abuse.
But Chuang opines such power requires that Musk be Senate confirmed.
While other federal judges have been critical of Musk's role at USAID, all have stopped short of deeming his actions to cut costs and staffing unconstitutional.
Chuang's order calls for USAID offices to remain open, despite the Trump Administration vowing to shutter it.
Many agency 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 federal judge in Washington D.C. ruled USAID was on the hook for paying contractors for work already completed but allowed cancellation of future contracts to continue.
Musk's official position with DOGE has come under scrutiny in multiple lawsuits filed around the country. Trump has long considered the Tesla founder as head of the group, although the administration's official position is that he is merely a presidential adviser.
Under Chuang's order, Musk and DOGE can no longer call any shots regarding operations at USAID.
However, all actions already taken can technically stand as long an official agency head signs off, which in this case is Rubio, whose publicly supported Musk's efforts.
Chuang is also ordering Musk and DOGE to sign an agreement that would allow USAID to reoccupy their former Washington D.C. headquarters in the event the lawsuit against the government ultimately prevails.
The agreement, though, would not go into effect if Rubio or one of his designated officers ratifies the agency's closure.
Nonetheless, this latest ruling is another judicial setback for the Trump Administration.
Since returning to office, Trump's faced an onslaught of federal injunctions aiming to block large swaths of his agenda.
Such decisions, several which have been issued by judges in Maryland, have raised separation of power concerns, sparking questions of whether Trump should comply or defy with court orders.
Generally courts have no true enforcement mechanism against a sitting President with sweeping immunity and control of the DOJ whose tasked with implementing judicial orders.
Some critics, including Musk himself have openly supported the idea of Trump ignoring the courts.
Recently Trump, like Musk suggested impeaching judges, generating a response from Supreme Court Chief Justice John Roberts, who urged appealing rather than impeaching.
Some lawmakers in the U.S. House of Representatives have already filed articles of impeachment against certain judges for earlier rulings against Trump. Due to a super majority needed to achieve impeachment, it's highly unlikely those efforts succeed.
