The attorneys general argue that President Trump overstepped his executive power and violated the Appointments Clause of the U.S. Constitution by creating a new federal department without Congressional approval — giving Musk “sweeping powers over the entire federal government.”
“Elon Musk’s attempt to demolish key government systems has thrown everything into chaos,” Attorney General Rayfield said. “This power grab puts people’s privacy and security at risk. No one should be able to mess with the systems that keep our country running.”
DON’T MISS: Oregon congresswoman introduces Stop Musk Act to protect federal employees
The lawsuit points to Musk and DOGE’s efforts to dismantle federal agencies and their access to Americans’ sensitive information held by the U.S. Treasury, noting the Trump administration’s actions have also put billions of dollars in federal funding for critical services from law enforcement, health care and education, at risk.
Beyond those actions, the attorneys general argue that the expansion of Musk and DOGE’s authority poses a cybersecurity risk and diminishes public trust.
“These are the systems that keep our communities strong. We’re standing up to protect Oregonians and to ensure these vital programs stay under the control of the people, and not in the hands of the president’s designated hatchet man,” said Rayfield.
The attorneys general are seeking a court filing ruling Musk’s actions are unconstitutional and are looking for an injunction to ban the billionaire from issuing orders to anyone in the executive branch outside of DOGE.
The lawsuit is joined by 14 other states including Washington, Arizona, California, Nevada, Connecticut, New Mexico, Hawaii, Massachusetts, Maryland, and Vermont.
“Elon Musk has amassed — or simply taken for himself — unaccountable power to walk into any federal agency, fire people, eliminate programs authorized by Congress, and access confidential personal and national security information without regard for the consequences,” Washington State Attorney General Nick Brown said. “Washingtonians will not stand by while their safety and freedoms are threatened by a lawless administration intent on shredding the Constitution line by line.”
Washington Governor Bob Ferguson added, “Elon Musk’s role in the Trump administration is unconstitutional,” noting, “If the President wants Musk or any other powerful billionaire to have a significant role in running our government, he can and should appoint them as the Constitution requires.”
The lawsuit comes two days after Trump and Musk held a press conference in the Oval Office, defending DOGE, a White House advisory group led by Musk that aims to slash the federal workforce and federal spending.
“The people voted for major government reform, and that’s what the people are going to get,” Musk said. “That’s what democracy is all about.”
Musk said there are some good people in the federal bureaucracy, but said they need to be held accountable — describing the federal workforce as an “unelected” fourth branch of government with more power than elected representatives, as reported by The Hill.
Trump has also signed an executive order directing agency leaders to plan for “large-scale reductions in force” led by DOGE.
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