Donald Trump’s administration has been hit with a flurry of lawsuits over the blatantly illegal actions it’s taken since the president was sworn in on Jan. 20. But one new case against Elon Musk, the billionaire who’s currently trying to dismantle federal agencies under the pretext of fighting “fraud,” may be a tough one for Trump’s wealthy goons. Because the case, first filed on Thursday, just landed in front of a judge who doesn’t suffer fools.
Tanya Chutkan, who was also the judge in the the election interference case against Trump, has just been assigned the case known as State of New Mexico v Musk. But don’t let the name of the case fool you. The case was brought by 14 different states including Attorneys General in Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii.
“In recent weeks, Defendant Elon Musk, with President Donald J. Trump’s approval, has roamed through the federal government unraveling agencies, accessing sensitive data, and causing mass chaos and confusion for state and local governments, federal employees, and the American people,” the lawsuit states.
The case lists several defendants, including Trump, but takes particular aim at Musk, who leads a group called DOGE, the Department of Government Efficiency, which has been ransacking the federal government in recent weeks. The states argue that Trump’s appointment of Musk to lead a largely fake agency was unconstitutional.
“There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual,” the lawsuit states. “Although our constitutional system was designed to prevent the abuses of an 18th century monarch, the instruments of unchecked power are no less dangerous in the hands of a 21st century tech baron.”
The case seeks to stop Musk from being able to tinker with government funding, canceling various contracts, and firing anyone in federal agencies. The problem, of course, is that he’s already done all of that and the Trump administration has often ignored court orders.
Kyle Cheney, a reporter for Politico, was the first to note on social media that the case had been assigned to Chutkan. And to say Trump is no fan of the U.S. District Court judge would be an understatement. The president called Judge Chutkan “the most evil person,” when she ordered the release of a report by special prosecutor Jack Smith.
Trump allies like far-right bigot Laura Loomer summed up the opposition to Chutkan on Friday, writing “Tanya Chutkan was born in Kingston, Jamaica. She’s not even from the US.” Loomer also complained that Chutkan was too tough on defendants who had attempted a coup against the U.S. on January 6th and whined that Chutkan oversaw “Jack Smith’s phony J6 witch hunt against President Trump.” So you can see how this kind of racist garbage plays with Trump’s most ardent defenders.
The case seeks to stop Musk from being able to issue any more orders, something that seems clear should be done immediately before he does more damage.
“Mr. Musk does not occupy an office of the United States and has not had his nomination for an office confirmed by the Senate,” the lawsuit reads. “His officer-level actions are thus unconstitutional. 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 lawsuit against Musk is being brought by largely Democratic-run states, but it’s not strictly a partisan affair. Two of the 14 states have Republican governors, including Nevada Gov. Joe Lombardo who received Trump’s endorsement in 2022, and Vermont Gov. Phil Scott, who supported Trump’s impeachment and removal after the attack by Trump supporters on the U.S. Capitol on Jan. 6, 2021.
And there are also other signs that some Republicans are getting fed up with the blatant criminality of Trump’s actions while returning to the presidency. The U.S. Department of Justice saw a large number of resignations on Thursday after officials were told to drop a case against New York Mayor Eric Adams, who was charged with corruption. The Trump regime allegedly engaged in a “quid pro quo,” according to the DOJ officials to drop the case against Adams if he helped with immigration enforcement in New York.
Danielle Sassoon, the acting U.S. Attorney for the Southern District of New York, was one of the DOJ officials who resigned, and nobody could accuse her of being a bleeding-heart liberal. Sassoon is a Republican, member of the right-wing Federalist Society, and a former clerk for the late Supreme Court judge Antonin Scalia.
None of this will stop Trump and Musk from insisting that everything done to impede their illegal actions is purely partisan. But don’t believe it for a second.
