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Judge Orders Elon Musk and Two Officials to Sit for Depositions in USAID Dismantling Case

The judge deemed depositions necessary due to missing records that leave unclear who authorized USAID’s shutdown.

Overview

  • U.S. District Judge Theodore D. Chuang denied the government’s bid for a protective order and ordered depositions of Elon Musk, former acting USAID leader Peter Marocco, and State Department official Jeremy Lewin.
  • The court said plaintiffs showed a specific need for first-hand testimony after defendants failed to produce documents identifying decision-makers or point to lower-ranking witnesses present for key actions.
  • Chuang found it unclear that Musk or the others qualify for special protections for high-ranking officials, noting informal or acting roles and that Musk is no longer in government service.
  • The Justice Department argued a deposition would intrude on White House functions, but the judge said any such concerns could be handled through limits on questioning rather than blocking testimony entirely.
  • The lawsuit by current and former USAID employees alleges Appointments Clause and separation-of-powers violations tied to dismantling the agency, which previously managed about $43 billion for work in roughly 130 countries, with Lancet researchers warning of millions of additional deaths by 2030 from the cuts.