Elon Muskand the so-called Department of Government Efficiency are operating unconstitutionally, and their actions must be reversed.
Thats the striking claim made in alawsuitfiled by 14 state attorneys general on Feb. 13 in federal court.
And it claims that Musks role in government is an unconstitutional violation of the Constitutions Appointments Clause.
Elon Musk delivers remarks in the Oval Office at the White House on February 11, 2025 in Washington, D.C.Andrew Harnik/Getty Images
The transcript that follows has been edited for length and clarity.
Why root this suit in the Declaration of Independence?
And President Trump seems to have either not learned, or forgotten, that lesson.
So that there is another branch of government evaluating whether this person is suitable.
And, I would argue, likely the history of the country.
The lawsuit alleges that the agency now called DOGE has assumed powers never granted by Congress.
Congress creates agencies and provides them with the authority.
[The office now known as] DOGE has exceeded its statutory authority.
Its an administrative body that resides within the Office of Management and Budget.
Its really an inferior office.
We dont have a position that would oversee every single agency in the way Musk is doing.
One has never been created congressionally.
You cant just say: Well, hes a proxy for the president.
Elon Musk was elected by no one, and he was confirmed by no one.
He is acting like a king in every single respect.
Its insane that you could have one person that could literally access any area of the federal government.
And then not just make recommendations like saying, Hey, heres a contract that we think is unnecessary.
Or, Heres where we can trim a little fat from the budget.
He is wholesale firing workers.
Hes canceling government contracts.
Hes selling government property.
He says hes eliminating whole congressionally-authorized departments of government on his own.
We dont even know that hes had discussions with the president when hes doing these things.
It does raise questions about whether the president or his top donor is really in charge.
I watched the spectacle in the Oval Office a few days ago.
What the president seemed to suggest is that Musk will tell him things on a need-to-know basis.
And if he has questions, I guess hell ask.
Hes burning the government down.
He has no regard for the American people.
He doesnt care about their well-being.
He doesnt care about their safety and security and their private information.
If you dont mind me telling you a story: My father is 87.
I suspected that it was a scam just trying to get him to provide information.
And she said, I cant give you that information.
Because thats how seriously they take protecting peoples privacy and their private information.
Do you remember how Donald Trump didnt want anybody to know about his tax return?
He refused to provide it.
And yet now, Elon Musk and his members at DOGE, they have all of our tax returns.
These people were not vetted.
We dont know if theyre even technically federal employees.
Theyre, I guess, subcontractors?
We dont know who these people are.
They have all of our information.
They have our bank account information thats associated with ourIRSfilings and our Social Security numbers.
All the way from the nuclear codes, to military plans and where our troops are located.
Where are the Republicans who are in charge in the Senate and in the House?
Its quite frankly terrifying.
And so those actions have to be clawed back.
First of all, we have to know what all those actions are.
All probationary employees, who have worked for the government for less than a year, are being terminated.
Its going to be challenging to put the toothpaste back in the tube.
Is it really possible to undo the damage thats already been done in the way that your lawsuit suggests?
It might not be, but we have to try.
There has been a significant amount of damage done in a very short period of time.
But, if anything, that tells us that it cant continue.
We hope the judge will grant our temporary restraining order and grant the relief that weve requested.
We cant erase the damage, but we can mitigate it.
Can you speak just briefly to state standing?
How does this issue impact the 14 states that have joined this lawsuit?
Its their personally identifying information that is now in the hands of DOGE.
Will this go to our foreign adversaries for a price?
Will it be easy to hack into whatever systems theyre keeping it on?
Will it be accessed by one of those dark web hacking operations?
It hurts my state residents when you have programs that are cut off wholesale.
We saw [pauses to] Meals on Wheels and assistance to our veterans that live in Michigan.
And projects through the Infrastructure Act or through the inflation Reduction Act that weve relied upon.
We have people who are losing jobs in Michigan because of this.
Look at what just happened with the NIH.
The list just goes on and on.
I will tell you that weve gotten thousands and thousands of complaints about this.
I do think it means she understands the serious nature of this.
I dont know a single person who disagrees with that premise.
But this is absolutely not the way to do it.
They fired all of those people.
This is clearly about something else.
Here you have Elon Musk, President Trumps biggest benefactor.
Hes not there to help the American people.
Hes not there because hes a believer in good government.
Hes there for his own selfish interests and those of the president.
