by Guy Page
Vermont Attorney General Charity Clark and 13 other state attorneys general have filed a lawsuit challenging what they call an “unconstitutional power grab” by Elon Musk, head of the Department Of Government Efficiency (DOGE).
The 13 states name Musk, President Donald Trump, and DOGE as defendants. They seek an injunction to stop Musk’s work at DOGE, which is intended to seek out and eliminate govetnment spending waste, fraud and abuse.
According to a February 13 statement from Clark’s office, the lawsuit accuses Trump of unlawfully granting Musk sweeping authority over federal agencies, bypassing congressional approval and violating the U.S. Constitution’s Appointments Clause.
Editor’s note: A rebuttal of many points raised by Clark’s lawsuit is published by Dave Soulia on FYIVT.com. For a complete list of all of legal action taken by Clark against the Trump administration, click here.
“Unelected billionaire Elon Musk has been wreaking havoc on our government, destroying careers, upending critical programs that support Vermonters, and putting our national security at risk,” said Attorney General Clark in a statement.
The lawsuit claims that Musk, with Trump’s approval, has dismantled key federal agencies, accessed classified data, and disrupted funding streams that states rely on for essential services. The attorneys general argue that Musk’s influence threatens billions in federal funding for law enforcement, education, healthcare, and other public programs.
A major point of contention is the alleged elimination of the U.S. Department of Education, which the attorneys general say will strip away federal civil rights oversight in schools. This could leave states struggling to enforce disability protections and anti-discrimination laws without clear legal authority.
However, supporters of shuttering DOE say disability law enforcement could be provided by other federal agencies, as it was before the Carter administration created the agency.
Testifying to Congress today, Trump administration DOE Secretary appointee Linda McMahon said she wants to reduce the “excessive concentration” of the D.C. education establishment and instead empower states.
Additionally, the lawsuit raises concerns over cybersecurity risks, alleging that DOGE employees have gained unauthorized access to federal financial databases. This, the lawsuit warns, could compromise sensitive tax and banking records, leaving states and individuals vulnerable to cyber threats.
The attorneys general are seeking a court ruling that would declare Musk’s appointment and actions unconstitutional. They are also requesting an injunction to prevent Musk and his team from making further changes to the federal government while reversing any unauthorized alterations they have already made.
The lawsuit is supported by the attorneys general of Arizona, California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, and Washington.
A full copy of the complaint can be found here.