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Federal judge goes there, suggests DOGE is unconstitutional [1]
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Date: 2025-02-25
A federal judge in the District of Columbia fired a direct shot across the White House's bow on Monday night, suggesting that Elon Musk’s Department of Government Efficiency may be acting unconstitutionally.
District Judge Colleen Kollar-Kotelly made the comments in a nearly three-hour hearing in Washington in a lawsuit over DOGE’s access to the Treasury Department’s sensitive systems that control trillions of dollars of payments. (snip) It was possible, Kollar-Kotelly said, that the DOGE Service is running afoul of the appointments clause of the Constitution, which generally requires federal agencies to be run by Senate-confirmed officials. “Based on the limited record I have before me I have some concerns about the constitutionality of the of USDS’s structure and operation,” said Kollar-Kotelly, using the acronym of the U.S. Digital Service that President Donald Trump renamed and restructured as the U.S. DOGE Service on his first day in office.
The government didn’t help its case when it couldn’t provide straight answers about who ran DOGE. While the White House says Musk has no role, Kotar-Kotelly ticked off a raft of statements from Trump and Musk that indicated Musk was in charge.
More relevant to the case at hand, the Justice Department claims the Treasury DOGE team ultimarely answers to Treasury Secretary Scott Bessent. But earlier this month, the head of the Treasury DOGE team, Tom Krause, made a sworn statement that he received high-level instruction from DOGE.
Kotar-Kotelly gave Treasury until March 10 to give an accounting of how Bessent gave DOGE access to the payment systems. But it’s very telling that she’s even asking “quo warranto” questions about DOGE. Unhinged tweets and Truth Social posts in 3, 2, 1…
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