Judge Orders Elon Musk to Testify Under Oath in USAID Closure Lawsuit
In a significant legal development, a US District Judge has issued an order that may compel Elon Musk to provide sworn testimony in a high-profile lawsuit concerning the closure of the US Agency for International Development (USAID). This ruling comes after OpenAI CEO Sam Altman recently expressed excitement on social media about the prospect of Musk testifying under oath, humorously referring to it as "Christmas in April."
Court Rejects Trump Administration's Objections
According to a Bloomberg report, Judge Theodore Chuang has determined that "extraordinary circumstances" justify allowing lawyers in the case to question Musk, along with two former USAID officials. The judge firmly rejected objections from the Trump administration, which had argued that forcing Musk to testify would interfere with presidential duties and raise separation-of-powers concerns.
Judge Chuang noted that Musk had publicly taken credit on social media for the closure of USAID, and based on this and other evidence, the court found that Musk likely possesses "personal, first-hand knowledge" of decisions central to the case. This makes his testimony crucial for resolving the lawsuit, which involves a deposition—a private questioning session under oath where answers can be used in subsequent court proceedings.
Background of the Lawsuit Against Elon Musk
The lawsuit was initiated by government employees and contractors who allege that the dismantling of USAID was unlawful. It represents one of the last active legal challenges connected to Musk's role in the Trump administration and the Department of Government Efficiency (DOGE), an entity focused on reducing federal spending and streamlining the government workforce.
The Justice Department had previously contended that Musk should not be compelled to testify, citing potential intrusion on White House activities. However, Judge Chuang countered this by stating it was unclear whether Musk qualified as a "high-ranking government official" entitled to special legal protections, such as those afforded to cabinet members. The court did acknowledge that the administration could still seek to limit certain questions to avoid interference with presidential duties.
Lack of Written Records and Need for Testimony
In his order, Judge Chuang criticized the government for failing to provide a comprehensive record of documents explaining who made key decisions related to USAID's closure. He suggested that many orders were likely given orally, making witness testimony essential to uncover the truth.
"Such that the only evidence on these questions would be the oral testimony of the officials present," Chuang wrote, as reported by Bloomberg. This lack of documentation underscores the necessity of deposing individuals like Musk to obtain a clear account of events.
Other Officials to Testify and Legal Reactions
In addition to Elon Musk, the judge has permitted depositions of two former USAID officials: Peter Marocco and Jeremy Lewin. The government's request to block their testimony was also rejected, further opening the door for detailed inquiries into the agency's shutdown.
Tianna Mays, legal director at the Democracy Defenders Fund, which represents the plaintiffs, welcomed the decision, emphasizing the group's desire for the public to understand how USAID was closed. Meanwhile, a Justice Department spokesperson declined to comment, and representatives for Musk's companies did not respond to requests for comment, leaving many questions unanswered as the legal process unfolds.
