US Judge Warns "Musk's Extralegal Powers with DOGE Raise 'Unconstitutional' Concerns"

No official nomination or Senate confirmation
Federal government attorney also says, "Not the head, but a presidential advisor"

A U.S. federal judge expressed concerns that Tesla CEO Elon Musk wielding extralegal authority through the U.S. Digital Service (USDS·DOGE) could be unconstitutional.

According to the New York Times (NYT) on the 24th (local time), Judge Colin Koller-Kotelly of the U.S. District Court for the District of Columbia stated at the hearing that "based on the limited record before me, I have some concerns about the constitutionality of the organization and operation of the USDS." This implies a possible violation of the constitutional provision requiring presidential nomination and Senate confirmation when appointing heads of federal agencies. Musk is known as the head of DOGE but has not been officially nominated or confirmed.

At the hearing, government attorney Bradley Humphreys repeatedly declined to specify who exactly is the 'head' of DOGE despite the court's persistent questioning. When asked about Musk's role in DOGE, he responded that Musk is not the head of DOGE nor even an 'employee.'

When the court urged Humphreys again to clarify Musk's actual duties, Humphreys replied, "I do not know more than that Musk is a close advisor to the President."

Judge Koller-Kotelly said, "It is clearly an issue when people without authorized power are assigned such duties," adding, "I would like to know now who is the head, who is the acting head, and what authority they have."

The hearing was held following a preliminary injunction request by federal employee labor unions and retiree groups seeking to prevent DOGE from accessing sensitive information managed by the U.S. Treasury Department.

The NYT assessed that although Judge Koller-Kotelly's remarks are not part of a binding ruling, the DOGE organization could face problems. While several lawsuits related to the federal government restructuring led by Musk are ongoing, this is the first time a court has suggested the possibility of DOGE being unconstitutional.

AP Yonhap News

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