New Republic: Elon Musk will have to testify over his role in shuttering the U.S. Agency for International Development, a federal judge ruled Wednesday.
U.S. District Judge Theodore Chuang ruled that “extraordinary circumstances justify” compelling Musk and two former USAID officials, Peter Marocco and Jeremy Lewin, to be deposed in a lawsuit. Former USAID employees and contractors are suing Musk, accusing the former head of the Department of Government Efficiency of illegally dismantling the aid agency.
Chuang noted that the government wasn’t giving the plaintiffs access to documents on key decisions on USAID (and who made them), with previous deposition requests going unanswered. The judge also pointed to Musk’s many posts on X bragging about how DOGE shut down USAID, ruling that Musk and the two officials “likely have personal, first-hand knowledge of the facts relevant and essential to the resolution of this case.”
The Justice Department tried to protect Musk from testifying, arguing that forcing him to do so would “intrude on White House activities and the president’s performance of constitutional duties, which triggers significant separation-of-powers concerns.”
Chuang said in his ruling that Musk wasn’t a Cabinet secretary or agency head, so it wasn’t clear that he had legal protection from testifying. The Trump administration also tried to have the employees’ case dismissed, but Chuang rejected that effort over the summer.