(The Center Square) – Fourteen states with Democratic attorneys general sued Elon Musk and President Donald Trump Thursday over what they call the unconstitutional practices of the Department of Government Efficiency.
The lawsuit was filed in the U.S. District Court for the District of Columbia. The plaintiffs are Arizona, Michigan, New Mexico, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington and Vermont.
The lawsuit accuses the Republican president of creating DOGE, a federal department, without congressional approval and granting DOGE head Musk powers over the federal government as an unelected presidential nominee chosen without Senate confirmation.
The lawsuit accuses Musk of “unraveling agencies, accessing sensitive data, and causing mass chaos and confusion for state and local governments, federal employees and the American people.”
On its website, dogegov.com, DOGE describes its mission as “giving power back to the people to hold government entities accountable for their financial decisions.”
But attorneys general from three of the 14 states during a virtual news conference Thursday accused Musk of exercising unprecedented power for accessing classified information, directing agency activities and eliminating federal programs.
“This is an undemocratic administration in power. They appear hell-bent on undoing 250 years of adherence to law in the nation,” Arizona Attorney General Kris Mayes told reporters from The Center Square and other media.
Mayes and attorney generals Raul Torrez of New Mexico and Dana Nessel of Michigan said Musk acted outside constitutional powers as an unelected official who was appointed without confirmation by the Senate. The “appointments clause” of the Constitution gives the Senate power of “advice and consent” for presidential nominees.
A reporter asked the attorneys general if the lawsuit, filed by Democratic AGs, could be seen as a politically driven move against a Republican administration.
Nessel responded that the attorneys general would have filed the same lawsuit if Trump were a Democrat.
Musk has conflicts of interest, Nessel said, adding, “Entry-level security has to go through more intensive vetting than Elon Musk or any of his staff at DOGE.”
The attorneys general raised concerns about Musk’s access to departments such as the Defense and Treasury and the Centers for Medicare and Medicaid Services. They contend Musk’s directives are unconstitutional and have no legal effect.
The lawsuit says that while the Constitution was designed to prevent the abuses of an 18th century monarch, unchecked power is “no less dangerous in the hands of a 21st century tech baron,” a reference to Musk.
DOGE’s actions, including digging through personal data, have left Michigan residents feeling terrified, Nessel told reporters.
Nessel said Musk and Trump face no accountability.
“The majority of Congress seems uninterested or perhaps too afraid to subpoena Musk and his associates,” Nessel said.
Mayes accused Trump of making a mockery of democracy with his actions and executive orders.
There’s a more democratic way for Trump to reach his goals, she said.
“Republicans hold majorities in the House and Senate and could pass legislation for Trump to sign,” Mayes said.
If Trump has the support he believes he has, he can advance his agenda through Congress, Torrez of New Mexico said.
“Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments for American farmers and dismantle protections for working families is not a sign of Trump’s strength, but his weakness,” Torrez said.
Earlier this month, ranking Democratic members of U.S. House oversight committees wrote Trump and asked for explanations on whether DOGE members have security clearances.
In another development Thursday, the House’s DOGE Subcommittee held its first hearing with an emphasis on a “war on waste.”
