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Judge rules DOGE's USAID dismantling likely violates the Constitution

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Judge rules DOGE's USAID dismantling likely violates the Constitution
News

News

Judge rules DOGE's USAID dismantling likely violates the Constitution

2025-03-19 08:33 Last Updated At:08:41

WASHINGTON (AP) — The dismantling of the U.S. Agency for International Development by billionaire Elon Musk’s Department of Government Efficiency likely violated the Constitution, a federal judge ruled Tuesday as he indefinitely blocked DOGE from making further cuts to the agency.

The order requires the Trump administration to restore email and computer access to all employees of USAID, including those put on administrative leave, though it stops short of reversing firings or fully resurrecting the agency.

In one of the first DOGE lawsuits against Musk himself, U.S. District Judge Theodore Chuang in Maryland rejected the Trump administration’s position that Musk is merely President Donald Trump's adviser.

Musk’s public statements and social media posts demonstrate that he has “firm control over DOGE,” the judge found pointing to an online post where Musk said he had “fed USAID into the wood chipper.”

The judge said it’s likely that USAID is no longer capable of performing some of its statutorily required functions.

“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote in the preliminary injunction.

The lawsuit filed by USAID employees and contractors argued that Musk and DOGE are wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate. Their attorneys said the ruling “effectively halts or reverses” many of the steps taken to dismantle the agency.

The administration has said that DOGE is searching for and rooting out waste, fraud and abuse in the federal government, consistent with the campaign message that helped Trump win the 2024 election. The White House and DOGE did not immediately respond to a request for comment on the ruling.

Musk, his team and Trump political appointee Pete Marocco have played a central role in the two-month dismantling of USAID. In one instance in early February, the administration placed the agency's top security officials on forced leave after they tried to block DOGE workers from accessing USAID's classified and sensitive documents.

The administration, with Musk's and DOGE's support, went on to order all but a fraction of the agency's staffers off the job through forced leaves and firings, and terminated what the State Department said was at least 83% of USAID's program contracts.

The moves were part of a broader push by Musk and the Trump administration to eradicate the six-decade-old foreign assistance agency and most of its work overseas.

Trump on Inauguration Day issued an executive order directing a freeze of foreign assistance funding and a review of all U.S. aid and development work abroad, charging that much of foreign assistance was wasteful and advanced a liberal agenda.

Democratic lawmakers and other supporters of USAID have argued Trump had no authority to withhold funding that Congress already approved.

Chuang said DOGE's and Musk's fast-moving destruction of USAID likely harmed the public interest by depriving elected lawmakers of their “constitutional authority to decide whether, when and how to close down an agency created by Congress.”

The lawsuit was filed by the State Democracy Defenders Fund. Norm Eisen, the nonprofit's executive chair, said the ruling is a milestone in pushback to DOGE and the first to find that Musk’s actions violate the Constitution’s Appointments Clause, which mandates presidential approval and Senate confirmation for certain public officials.

“They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but the majority of Americans who count on the stability of our government," he said in a statement.

Oxfam America's Abby Maxman in a statement urged all staffing and funding to be reinstated. “The funding freeze and program cuts are already having life or death consequences for millions around the world,” said the chief executive of the humanitarian group.

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Associated Press writers Chris Megerian and Ellen Knickmeyer contributed reporting.

FILE - Flowers and a sign are placed outside the headquarters of the U.S. Agency for International Development, or USAID, Feb. 7, 2025, in Washington. (AP Photo/Jose Luis Magana, file)

FILE - Flowers and a sign are placed outside the headquarters of the U.S. Agency for International Development, or USAID, Feb. 7, 2025, in Washington. (AP Photo/Jose Luis Magana, file)

ISTANBUL (AP) — Turkish police on Wednesday arrested Istanbul’s mayor — a popular opposition leader and key rival of President Recep Tayyip Erdogan — and several other prominent figures as part of investigations into alleged corruption and terror links. It was a dramatic escalation in an ongoing crackdown on the opposition and dissenting voices in Turkey.

The state-run Anadolu Agency said prosecutors issued warrants for the mayor, Ekrem Imamoglu, and some 100 other people. Among those detained was Imamoglu's close aide, Murat Ongun.

Authorities also closed several roads around Istanbul and banned demonstrations in the city for four days in an apparent effort to prevent protests following the arrest. Private NTV television said two Istanbul district mayors were among those detained.

Critics say the crackdown follows significant losses by Erdogan’s ruling party in local elections last year amid growing calls for early national elections. Government officials insist that the courts operate independently and reject claims that legal actions against opposition figures are politically motivated.

“We are facing great tyranny, but I want you to know that I will not be discouraged,” Imamoglu said earlier in the day in a video post on social media.

Germany criticized the arrests, with Foreign Ministry spokesperson Sebastian Fischer describing them as “a serious setback for democracy.”

People gathered later Wednesday near Istanbul’s police headquarters, carrying posters of the mayor and banners with his photo around their shoulders. Others chanted slogans and raised their fists in the air as riot police cordoned off the facility.

Justice Minister Yilmaz Tunc told reporters the arrests had nothing to do with the government. “Linking investigations and cases initiated by the judiciary to our President is, at best, presumptuous and inappropriate,” he said.

Erdogan, a populist with increasingly authoritarian tendencies, has led Turkey as prime minister or president for more than 20 years. His current term runs until 2028 but he has indicated he'd like to serve longer — something he could achieve with the help of a friendly parliament.

Imamoglu was arrested as police searched his home. His wife, Dilek Imamoglu, told the private Now television that police arrived at their residence before dawn and that the mayor was taken around 7:30 a.m.

The Istanbul Stock Exchange’s main index dropped by 7% over the news, triggering a temporary halt in trading to prevent panic selling and stabilize the market. Trading later resumed but was again halted in the afternoon. The Turkish lira lost some 7% of its value against the dollar.

Anadolu, the news agency, said that Ekrem Imamoglu and several others are suspected of extortion, money laundering and irregularities concerning tenders and procurements.

Imamoglu is also suspected of aiding the outlawed Kurdistan Workers’ Party, or PKK, by allegedly forming an alliance with a Kurdish umbrella organization for the Istanbul municipal elections, the agency said. The PKK, behind a decadeslong insurgency in Turkey, is designated a terrorist organization by Ankara, Washington and other allies.

A day earlier, Istanbul University invalidated Imamoglu's diploma, effectively disqualifying him from the next presidential race — a university degree is a requisite for running in elections under Turkish law.

The mayor’s party — the main opposition Republican People’s Party, or CHP — was to hold a primary on Sunday where he was expected to be chosen for its candidate in future presidential elections.

With all the arrests Wednesday, that vote was in doubt but party chairman Ozgur Ozel told the opposition-aligned Halik TV channel it would go ahead as planned.

In a social media post in English, Imamoglu said he stands “resolute, entrusting myself not only to the 16 million residents of Istanbul but to the 86 million citizens" of Turkey.

Hundreds also gathered outside CHP’s headquarters in Ankara, Turkey's capital, as the party's lawmakers protested inside the parliament, disrupting proceedings before marching out.

Turkey’s pro-Kurdish Peoples’ Equality and Democracy Party condemned the detentions and called for the immediate release of all taken into custody.

Imamoglu's arrest was a "disgrace that will not be forgotten for centuries. This operation, which shatters faith in justice, is an attempt to redesign politics through the judiciary,” Tulay Hatimogullari, the party’s co-chairwoman, wrote on X.

Ongun, the mayor's aide, appealed for support on X even as he himself was being arrested, though at the time he apparently didn't know that Imamoglu was also being taken into custody.

“They think they can silence us,” Ongun said. “I entrust Ekrem Imamoglu to the Turkish nation. Protect, watch over and support him. They cannot be defeat the nation.”

Separately, police also detained a prominent investigative journalist, Ismail Saymaz, for questioning, the opposition-aligned Halk TV reported.

Meanwhile, internet-access advocacy group netblocks.org reported Wednesday that access has been restricted in Turkey to popular social media platforms.

In nullifying Imamoglu’s diploma, the university cited alleged irregularities in his 1990 transfer from a private university in northern Cyprus to its business faculty, a decision Imamoglu said he would challenge.

Later Wednesday, students at the university held a protest to denounce Imamoglu's arrest. No violence was immediately reported.

Imamoglu faces multiple lawsuits, including allegations of trying to influence a judicial expert investigating opposition-led municipalities. The cases could result in prison sentences and a political ban.

He is also appealing a 2022 conviction of insulting members of Turkey’s Supreme Electoral Council, a case that could result in a political ban.

Imamoglu was elected mayor of Turkey’s largest city in March 2019, a historic blow to Erdogan and the president’s Justice and Development Party, which had controlled Istanbul for a quarter-century. The party pushed to void the municipal election results in the city of 16 million, alleging irregularities.

The challenge resulted in a repeat of the election a few months later, which Imamoglu also won. The mayor retained his seat following local elections last year, during which his party made significant gains against Erdogan’s governing party.

Fraser reported from Ankara, Turkey. Associated Press writers Lorian Belanger in Bangkok and Cinar Kiper in Bodrum, Turkey, contributed to this report.

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Security have cordons off the area around City Hall following the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Security have cordons off the area around City Hall following the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Security agents cordon off the area around City Hall following the arrest of Istanbul mayor Ekrem Imamoglu, in Istanbul, Turkey, Wednesday, March 19, 2025.(AP Photo/Francisco Seco)

Security agents cordon off the area around City Hall following the arrest of Istanbul mayor Ekrem Imamoglu, in Istanbul, Turkey, Wednesday, March 19, 2025.(AP Photo/Francisco Seco)

Police have cordons off the roads lead to the Vatan security Department, where Istanbul Mayor Ekrem Imamoglu is supposed to be taken , following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police have cordons off the roads lead to the Vatan security Department, where Istanbul Mayor Ekrem Imamoglu is supposed to be taken , following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

A woman walks past police cordons blocking the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

A woman walks past police cordons blocking the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police have cordons off the roads lead to the Vatan security Department, where Istanbul Mayor Ekrem Imamoglu is supposed to be taken, following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police have cordons off the roads lead to the Vatan security Department, where Istanbul Mayor Ekrem Imamoglu is supposed to be taken, following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans, one holding a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu, while protesting his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans, one holding a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu, while protesting his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People gather, holding a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu, to protest his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People gather, holding a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu, to protest his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Women stand in protest outside the City Hall following the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Women stand in protest outside the City Hall following the arrest of Istanbul Mayor Ekrem Imamoglu in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Backdropped by a billboard featuring a photo of Turkey's President Recep Tayyip Erdogan, people chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Backdropped by a billboard featuring a photo of Turkey's President Recep Tayyip Erdogan, people chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A woman protests, holding a poster of Istanbul Mayor Ekrem Imamoglu, in front of a police cordon blocking the roads leading to the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans and hold posters of Istanbul Mayor Ekrem Imamoglu as they protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

People chant slogans as they protest outside the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, on Wednesday, March 19, 2025. (AP Photo/Emrah Gurel)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

Police cordon off the roads leading to the Vatan Security Department, where Istanbul Mayor Ekrem Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A man wears a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu as he and others protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

A man wears a banner featuring a photo of Istanbul Mayor Ekrem Imamoglu as he and others protest outside the Vatan Security Department, where Imamoglu is expected to be taken following his arrest in Istanbul, Turkey, Wednesday, March 19, 2025. (AP Photo/Francisco Seco)

FILE.- Istanbul Mayor and Republican People's Party, or CHP, candidate Ekrem Imamoglu take photographs with supporters during a campaign rally in Istanbul, Turkey, Thursday, March 21, 2024.(AP Photo/Francisco Seco, File)

FILE.- Istanbul Mayor and Republican People's Party, or CHP, candidate Ekrem Imamoglu take photographs with supporters during a campaign rally in Istanbul, Turkey, Thursday, March 21, 2024.(AP Photo/Francisco Seco, File)

FILE - Istanbul's Mayor Ekrem Imamoglu addresses his supporters in front of the Istanbul courthouse, in Istanbul, Turkey, Friday, Jan. 31, 2025. (AP Photo/Emrah Gurel, file)

FILE - Istanbul's Mayor Ekrem Imamoglu addresses his supporters in front of the Istanbul courthouse, in Istanbul, Turkey, Friday, Jan. 31, 2025. (AP Photo/Emrah Gurel, file)

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