A coalition of 14 state AGs, not including Virginia Attorney General Jason Miyares, has filed suit in federal court challenging the exercise of power by the unelected paper billionaire Elon Musk.
“Musk’s seemingly limitless and unchecked power to strip the government of its workforce and eliminate entire departments with the stroke of a pen, or click of a mouse, is unprecedented,” the lawsuit states. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
Musk has been tasked by Donald Trump to lead a made-up entity that they’re calling the Department of Government Efficiency, through which, the lawsuit alleges, Musk is acting with at least as much authority as a “principal officer of the United States” – a position that only Congress can create and one that requires Senate confirmation.
Contact Jason Miyares
- Phone: (804) 786-2071
- Online: Office of Attorney General contact page
- Address: 202 North Ninth Street, Richmond (directions)
The lawsuit alleges that, by acting as a “principal officer,” Musk is acting in violation of the Appointments Clause in the U.S. Constitution, and the coalition seeks to immediately halt this unlawful exercise of power.
“Elon Musk does not occupy a position that Congress created or that the Senate confirmed. Mr. Musk occupies a position the president made up,” California Attorney General Rob Bonta said. “This is a clear and dangerous effort to bypass the nomination and confirmation process required under the Constitution. DOGE’s ransacking of federal agencies has sown tremendous chaos, instilled distrust among the American people, and has caused deep harm to our country. Like a bull in a china shop, Mr. Musk is wielding an enormous amount of illegitimized power over sensitive systems and important government programs that are vital to the American way of life.”
The suit details that DOGE operatives have reportedly accessed federal financial databases containing sensitive state tax records and banking information without proper oversight, increasing the risk of cyberattacks, data breaches and foreign exploitation.
The manipulation of federal IT infrastructure by unauthorized individuals threatens not only state financial security but also the integrity of critical national systems. As reports of unauthorized access to Treasury databases emerge, citizens have expressed growing fear that their private financial data is at risk, leading to a chilling effect on participation in state-administered federal programs.
“Our country’s entire system of government hinges on the separation of powers,” Maryland AG Anthony Brown said. “By bypassing Congress, the president has given one man unchecked power to reshape our government as he sees fit and slash public benefits that tens of millions of Americans rely on every day. Our office will not stand idly by as this unconstitutional action threatens Marylanders’ security, safety, and civil rights.”
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Chris Graham
