Appeals Court Halts Judge’s Order Requiring Musk To Hand Over DOGE Records

Authored by Tom Ozimek via The Epoch Times,

A federal appeals court has temporarily blocked a discovery order from U.S. District Judge Tanya Chutkan that would have required Elon Musk and the Department of Government Efficiency (DOGE) to turn over documents and respond to written questions about their role in advising cuts in certain parts of the federal government.

In a ruling issued on March 26, the U.S. Court of Appeals for the D.C. Circuit granted an emergency stay of Chutkan’s March 12 order, which had largely granted limited, expedited discovery to a coalition of 13 Democratic-led states, requiring Musk and DOGE to produce documents and respond to questions within 21 days.

The appeals court ruled that Musk and DOGE had “satisfied the stringent requirements for a stay” and showed that they are likely to prevail in their claim that the lower court must resolve their motion to dismiss before allowing discovery to proceed.

“In particular, petitioners have shown a likelihood of success on their argument that the district court was required to decide their motion to dismiss before allowing discovery,” the three-judge panel wrote in its ruling.

Following the appellate court ruling, Chutkan entered a minute order acknowledging the decision. She has canceled a status hearing previously scheduled for March 27.

The case, brought by New Mexico and a coalition of 12 Democratic-led states, challenges the legality of DOGE’s sweeping cost-cutting efforts, which have included the cancellation of federal grants and mass terminations of government employees from jobs identified by DOGE as unneeded.

The plaintiffs argued in their original complaint that Musk is effectively running DOGE without Senate confirmation, allegedly in violation of the Constitution’s Appointments Clause.

“Oblivious to the threat this poses to the nation, President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities,” the plaintiffs allege. 

“As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers.”

In a subsequent motion for a temporary restraining order against Musk and DOGE, the states further accused Musk of unlawfully exercising sweeping executive power without Senate confirmation, directing federal agencies to fire employees, cancel contracts, dismantle programs, and access sensitive government data.

In response, government lawyers urged the court to reject the emergency motion. They argued that the states had failed to show any imminent or irreparable harm, and said the restraining order sought was overly broad, legally unsupported, and disconnected from core constitutional claims made by the plaintiffs. Even if Musk were improperly appointed, they argue, sharing data with him or others at DOGE does not, by itself, constitute an illegal exercise of government power. Musk also is not empowered to act without the president’s approval, they said.

Chutkan partially sided with the Democrat-led states on March 12, ordering Musk, DOGE, and related entities to turn over documents about firing federal workers and altering government databases. She also required DOGE to identify everyone who has led or worked at the agency since President Donald Trump took office, and list all agencies where DOGE or Musk canceled contracts, cut grants, or terminated employees.

Trump and Musk have both said that DOGE has been assisting various agencies that have fired or offered buyouts to tens of thousands of federal workers since Trump returned to office on Jan. 20, 2025.

Musk, as a special government employee, has been tasked by Trump to lead DOGE to help fulfill his campaign pledge of reducing waste, streamlining federal operations, and cutting red tape.

The DOGE team has taken quick action to audit and pursue reforms across federal agencies. It recently reported $130 billion in savings through canceled grants, asset sales, workforce reductions, and terminated contracts and leases.

Critics of DOGE have argued that its activities raise security and oversight issues, with a number of lawsuits filed challenging its operations.

Musk recently revealed that the DOGE team has been receiving death threats on a daily basis.

“The DOGE team is getting death threats every single day,” Musk said during a March 24 White House cabinet meeting. “They’re just trying to do the right thing for the American taxpayer and for the American people.”