A U.S. judge has instructed Elon Musk and the Department of Government Efficiency to provide all relevant documents and respond to inquiries regarding their initiatives to reduce federal spending.
Wednesday night’s decision by U.S. District Judge Tanya Chutkan in Washington, D.C., came in a lawsuit by 14 Democratic state attorneys general against Musk, DOGE and Republican President Donald Trump.
The states argued that Musk violated the Constitution by wielding power that only officials confirmed by the U.S. Senate can exercise under the Appointments Clause, and sought materials from him through a process known as discovery.
Chutkan, an appointee of Democratic President Barack Obama, said her order focused mainly on who at DOGE was making cost-cutting decisions and how far they could go.
“Defendants argue that the ‘inner workings of government’ are immaterial to an Appointments Clause claim,” she wrote. “The court is not convinced, but that is a legal issue appropriate for resolution after fulsome briefing.
“At this stage,” she added, “it is sufficient that plaintiffs’ discovery requests intend to reveal the scope of DOGE’s and Musk’s authority.”
The U.S. Department of Justice, which represents the defendants, did not immediately respond on Thursday to a request for comment.
Chutkan limited discovery requests to material concerning agencies, employees, contracts, grants, federal funding, legal agreements, databases and data management systems that involve or engage with the 14 states as well as entities they operate or fund.
She rejected the states’ request to obtain sworn testimony through depositions, and said her order does not apply to Trump.
Republican and Democratic administrations have long resisted efforts to force top White House advisers to provide court testimony or information they consider privileged.
Musk and DOGE have until April 2 to comply with Chutkan’s order.
The lawsuit sought to bar DOGE from accessing information systems at several government departments and firing federal employees or putting them on leave.
(With inputs from Reuters)
