Topline
The Justice Department requested a judge to stop the deposition of former Department of Government Efficiency head Elon Musk in a lawsuit accusing him of spearheading the effort to eliminate the US Agency for International Development.
Musk was a special government employee for the first five months of President Donald Trump’s second term. (Photo by Kevin Dietsch/Getty Images)
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Key Facts
The lawsuit filed by current and former USAID employees and contractors claims the Department of Government Efficiency, which was once led by Musk, canceled government contracts, slashed the agency’s workforce and shuttered its headquarters without congressional approval, allegedly violating the separation of powers.
The Justice Department filing, which was first reported by Bloomberg, argues against the deposition of Musk and two former USAID officials, Peter Marocco and Jeremy Lewin.
The Justice Department cited limitations on having executive branch officials testify in court, arguing the depositions can only be required in exceptional circumstances.
“Plaintiffs have not made—and cannot” prove there are exceptional circumstances, the Justice Department wrote, saying “a protective order is warranted.”
The USAID employees suing DOGE also accuse Musk of using authority outside his scope as a special government employee, a designation he had for the first five months of the year.
The plaintiffs are seeking to restore USAID’s functionality and want damages for harm done to their careers and financial security, aiming for an injunction that declares DOGE’s actions against USAID as unconstitutional.
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What Is A Special Government Employee?
Musk’s role and powers as a former special government employee will likely be an important crux in deciding the lawsuit. The Justice Department defines the role as anyone working or expecting to work for the federal government for up to 130 days. It also says special government employees cannot participate in matters that could create financial conflicts of interest, which became a point of scrutiny with Musk, with critics noting billions of dollars his aerospace company SpaceX had in federal contracts. The role has to follow most of the rules and guidelines that govern full-time employees, though the ruleset is “less restrictive” because of the temporary nature of the role. Musk’s stint as a special government employee ended May 30.