Elon Musk will have to sit for a deposition over what he did at DOGE, judge rules

[BumRushDaShow]

Source: Business Insider

Feb 5, 2026, 12:02 AM ET


Elon Musk will have to sit for a deposition for lawyers to examine his role in dismantling USAID, a Maryland judge ruled.

In an eight-page order released on Tuesday, US District Judge Theodore Chuang rejected a request from Musk and officials linked to the Department of Government Efficiency to forgo a deposition.

It ordered him, along with former acting USAID director Peter Marocco and Department of State official Jeremy Lewin, to be deposed. Musk's legal team had tried to use the "apex doctrine" to avoid the deposition, a rule that allows high-ranking government officials to avoid depositions in some situations.

The deposition is part of a lawsuit against Musk and DOGE officials, filed by current and terminated USAID employees, who remain anonymous. Chuang said that it was unclear whether Musk, Marocco, and Lewin were "properly deemed to be high-ranking government officials."

Read more: https://www.businessinsider.com/elon-musk-doge-deposition-judge-rules-2026-2

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Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.mdd.576293/gov.uscourts.mdd.576293.200.0_1.pdf

REFERENCES (some)

https://www.democraticunderground.com/10143387674
https://www.democraticunderground.com/10143390144
https://www.democraticunderground.com/10143391419
https://www.democraticunderground.com/10143400179
https://www.democraticunderground.com/10143401494

[bucolic_frolic]

1. By the standards used to install Musk at DOGE

We all have standing to be public officials and testify. Any takers?

[ancianita]

2. Not at depositions.

"Standing" is a person's or group's legal right to file a case and be heard before a court, so it's USAID that has standing.

[bucolic_frolic]

3. Of course, you're correct.

I often paint with too broad a brush.

[ancianita]

4. ...

-- USAID alleged that DOGE acted as an unelected entity exercising authority reserved for officials confirmed by the Senate.
-- First ruling: U.S. District Judge Theodore Chuang found the fast-moving dismantling likely unconstitutional and warned it undermined Congress's power to control agency funding.
-- The court ordered the administration to restore access to USAID systems for employees, including those on administrative leave.
-- Appeals Court ruling: A federal appeals court in late March 2025 cleared the way for DOGE to continue its cuts, indicating that challenges should be directed at the administration rather than directly blocking DOGE.

So as of today, the lawsuit is proceeding with class-action claims regarding the dismantling of the agency.

The good thing about USAID's case is that when it gets to SCOTUS, that because it's become a class action case, the highest court will not overrule its previous advice to present class action cases as a means of winning for the country. If USAID wins, the ruling will improve our now-eroded reputation as a giver of international aid. And USAID won't likely ever be dismantled again. Nor will such a "special agency" such as DOGE.

[Easterncedar]

6. After all the damage and death, can USAID be resurrected?

I do hope for a legal win, anyway.

[Baitball Blogger]

5. Oh, this is going to get good.

The idiot thought he could have it all. But he had too many balls in the air to juggle. Tesla became a vulnerability because people hated what he was doing with DOGE. And now his rockets keep blowing up. I think we are seeing the fall of Icarus.

[OldBaldy1701E]

8. He will run to one of the countries that he is still in good standing with and hide there.

We will never see him in an American court nor will he ever be held accountable for what he has done.

Because he is not a US citizen. We can't hold him unless we grab him. Now.

Which of course, we won't.

[BumRushDaShow]

13. "Because he is not a US citizen." - Oh he IS a U.S. citizen

naturalized in 2002 and belongs UNDER the prison.

(snip)

According to Isaacson’s biography and an Esquire magazine profile of Musk, he became a US citizen in 2002 — 10 years after he arrived in the country — in a ceremony at the Los Angeles County fairgrounds.

(snip)

https://edition.cnn.com/2024/09/29/us/elon-musk-immigration-gray-area-cec/index.html

[OldBaldy1701E]

14. Ahh, so he is.

Not that this would mean anything on the world stage, but I guess it means we can go get his ass.

[BumRushDaShow]

10. "And now his rockets keep blowing up. I think we are seeing the fall of Icarus."

He just merged SpaceX with xAI to make that a fait accompli!

[travelingthrulife]

7. The money to pay for all that damage better come out of his hide.

We The People should not have to pay for what these criminals did.

[WestMichRad]

9. Does anyone really expect him to substantially answer any questions?

I don’t. It’ll be all evasion and “I don’t remember.”

[Hstch05]

11. Ketamine

is a hell of a drug.

[AverageOldGuy]

12. Musk will blame it all on . . .

. . . “Big Balls” and the other dumbass tech bros.