An Obama-appointed federal judge has largely rejected the Trump administration’s request for the dismissal of a DOGE-related legal challenge, though she did dismiss President Donald Trump as a defendant, while otherwise allowing the wranglings to proceed.
‘Defendants seek to dismiss President Trump as a defendant because the court may not enjoin the President in the performance of his official duties,’ a memorandum opinion notes, adding, ‘The court agrees.’
The memorandum opinion and order are signed by Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia.
‘Defendants’ motion to dismiss Count I against President Donald J. Trump, in his official capacity as President of the United States, is GRANTED. Defendants’ motion to dismiss Count I against all other defendants and Count II is DENIED,’ the order declares.
In a statement to Fox News Digital, a Justice Department spokesperson said, ‘This Department of Justice has vigorously defended President Trump’s ability to conduct official duties and will continue to do so whenever those actions are challenged in federal court.’
More than a dozen states lodged a legal challenge regarding Elon Musk’s work on Trump’s DOGE cost-cutting initiative earlier this year.
‘This Court should restore constitutional order and, consistent with the Appointments Clause, enjoin Mr. Musk from issuing orders to any person in the Executive Branch outside of DOGE and otherwise engaging in the actions of an officer of the United States, and declare that his actions to date are ultra vires and of no legal effect,’ the complaint filed in February declared.
