A federal judge in Maryland handed the Trump administration a key legal win Tuesday, rejecting a request for expedited discovery in a lawsuit challenging the restructuring of the U.S. Agency for International Development (USAID). The ruling signals that, in the court’s view, the battle to stop the agency’s closure may already be lost.
In a 10-page opinion, U.S. District Judge Theodore Chuang denied efforts by 26 current and former USAID employees and contractors to depose officials from both the agency and the Elon Musk-led Department of Government Efficiency (DOGE). Chuang, an Obama appointee, said the plaintiffs’ request was overly burdensome and unlikely to yield information that would alter the course of the case.
“The proposed depositions of multiple officials with significant roles in the operation of the government imposes a meaningful burden,” Chuang wrote.
The plaintiffs argue that Musk has wielded “an extraordinary amount of power” without Senate confirmation, violating the Constitution’s Appointments Clause. But Chuang found that most of the actions taken to downsize USAID had been authorized or ratified by legitimate agency officials, not by Musk alone.
Even if some early moves were unconstitutional, Chuang made clear they wouldn’t be enough to stop what’s coming. The government has indicated that the final steps to shut down USAID will be carried out by Secretary Marco Rubio and other properly authorized officials—not Musk or DOGE.
In short, the writing is on the wall: the court believes that even with more discovery, the plaintiffs likely can’t stop the administration’s plan to eliminate USAID by September 1.
“Many of Plaintiffs’ expedited discovery requests, when considered alongside the information already available from other sources, would be unlikely to result in the production of evidence that would materially advance Plaintiffs’ ability to succeed in thwarting such a shutdown,” Chuang wrote.
While the plaintiffs argued that time was running out and that more information was essential to protect their rights, the judge ultimately saw little justification for fast-tracking their request. As Chuang emphasized, even proof that Musk exceeded his authority wouldn’t prevent actions now being taken by those with clear legal standing.
“Accordingly, Plaintiffs’ discovery requests related to their Appointments Clause claim are not tailored to the need for expedited discovery,” the ruling concluded.
