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In short: The judge thinks Musk has no business calling the shots without Senate confirmation.
The lawsuit zeroed in on a core constitutional issue — the Appointments Clause and the Separation of Powers. Plaintiffs argued Musk is wielding executive authority without ever having gone through a Senate confirmation process. And according to Judge Chuang, that’s enough to stop DOGE dead in its tracks.
“Defendants shall not take any other actions relating to USAID without the express authorization of a USAID official with legal authority to take or approve the action,” the judge ordered.
That ruling, however, didn’t go unanswered.
Within hours, DOGE appeared to fire back with a bold countermove: install one of their own at the top of USAID. According to an internal email obtained by the Associated Press, Pete Marocco — a Trump-era appointee who had already held a leadership role at USAID — was reportedly placed in charge of the agency under DOGE’s authority.
The email was sent the very same day the judge issued his ruling.
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While the court attempted to block Jeremy Lewin specifically from stepping into a leadership role, DOGE didn’t back down — it simply adapted. Whether this maneuver by installing Marocco will be allowed to stand is unclear, but it shows Musk’s team isn’t ready to roll over for unelected judges trying to micro-manage federal agencies.
It’s the latest clash in an ongoing power struggle between a constitutional outsider — Elon Musk — and the entrenched administrative state. The real story isn’t just about USAID. It’s about whether Silicon Valley outsiders with disruptive ideas can take on the permanent bureaucracy and win.
Despite the court ruling, the war for control over USAID isn’t over. Musk and DOGE have made it clear: they aren’t backing down without a fight.
