JUDGE CLEARS WAY FOR MUSK DEPOSITION OVER DISMANTLING OF USAID
Press Release | February 5, 2026
WASHINGTON, D.C.—A federal court in Maryland denied efforts to prevent Elon Musk and others from being deposed by attorneys in the class action lawsuit challenging the unconstitutional shutdown of the U.S. Agency for International Development (USAID). The case, which was the first asserting Musk’s actions violate the United States Constitution’s Appointments Clause, will now continue, including proceeding with discovery.
“Thousands of federal employees — and millions more around the world — have suffered profoundly as a result of Elon Musk and Donald Trump’s callous dismantling of USAID,” said Tianna Mays, legal director for Democracy Defenders Fund. “There must be accountability. That begins with uncovering how this unconstitutional power grab was carried out. We 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.”
“With each step of this case, Defendants' unconstitutional conduct becomes clearer,” said Beth Stevens of Marziani, Stevens & Gonzalez PLLC. “Our clients are everyday Americans who had their life's work providing foreign aid ripped away by the callous lawlessness of Defendant Musk and the Trump Administration. We will continue to work relentlessly to make the record necessary to achieve justice and restore the rule of law."
The lawsuit challenges Elon Musk’s unlawful control over key government functions, in violation of the U.S. Constitution’s Appointments Clause, alongside separation-of-powers claims. Among the allegedly unlawful actions: suspending federal contracts and salaries, issuing agency-wide directives without legal authority, and dismantling USAID entirely.
Plaintiffs are represented by Democracy Defenders Fund, Lieff Cabraser Heimann & Bernstein and Marziani, Stevens & Gonzalez PLLC.
The ruling can be found HERE.
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