Elon Musk Forced Into Deposition as Court Questions His Authority to Dismantle USAID

Elon Musk will have to be deposed about his role in dismantling USAID with DOGE after a federal judge ruled that he cannot sidestep questioning by claiming top-official status.

In a decision issued Tuesday, US District Judge Theodore Chuang ordered Musk to sit for a deposition so attorneys can examine his involvement in actions that led to the shutdown of the US Agency for International Development. The ruling stems from a lawsuit brought by current and former USAID employees, who filed anonymously.

The eight-page order rejected arguments from Musk, and officials tied to the Department of Government Efficiency that he should be shielded under the so-called “apex doctrine.” That doctrine can protect high-ranking government officials from depositions in limited circumstances. Chuang said the record did not show that Musk or others qualified for that protection, noting it was unclear whether they were “properly deemed to be high-ranking government officials.”

Along with Musk, the judge directed depositions for Peter Marocco and Jeremy Lewin. Chuang also pointed out that defendants failed to explain why USAID’s headquarters and website were shut down, which strengthened the case for sworn testimony.

USAID was a primary target of Musk’s DOGE, a cost-cutting initiative launched at the start of Donald Trump’s second term. The agency, which delivers foreign aid and humanitarian assistance worldwide, announced plans to reduce its workforce from roughly 10,000 employees to about 300, placing the remainder on furlough.

Musk stepped back from DOGE in May. The lawsuit also names Secretary of State Marco Rubio, State Department official Kenneth Jackson, and DOGE administrator Amy Gleason as defendants. Representatives for Musk, USAID, and the State Department declined to comment.