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Judge Orders Musk and DOGE Officials to Sit for Depositions in USAID Shutdown Lawsuit

The court said sworn testimony is required to pinpoint who made key decisions, including whether any lawful authority existed.

Overview

  • U.S. District Judge Theodore D. Chuang denied a protective order and compelled depositions of Elon Musk, former acting USAID official Peter Marocco, and State Department official Jeremy Lewin.
  • The judge found there was no alternative because documents and lower-level testimony failed to identify who authorized actions such as shutting USAID’s headquarters and website.
  • The ruling questioned whether the apex doctrine applies, noting the informal or acting status of the roles at issue and that Musk is no longer a government official.
  • Justice Department claims that testimony would intrude on presidential functions were rejected in favor of possible subject-matter limits, and deposition dates have not been set.
  • Anonymous former USAID employees allege Appointments Clause and separation-of-powers violations, with reporting citing Lancet research warning the abrupt cuts could lead to 14 million additional deaths by 2030.