Update:

The DC Circuit, late last night, blocked Judge #Chutkan’s ruling requiring #Citibank to disburse funds appropriated to #Biden-era #climate programs.

This is temporary & has nothing to do with the merits of the case.

The order late Tues by Judge #Chutkan “gives us a chance to breathe after the EPA unlawfully — & w/o #DueProcess — terminated our awards & blocked access to funds that were appropriated by #Congress & legally obligated,” said #ClimateUnited CEO Beth Bafford.

The lawsuit by Climate United Fund & other groups contends that the #EPA, Admin #LeeZeldin & #Citibank, which held the money, illegally blocked the funds awarded last year & had jeopardized the organizations’ operations.

The order by US Dist Judge #Chutkan prevents—for now—the #EPA from ending the $20B #grant program.

Chutkan's order also blocks #Citibank, which holds the money on behalf of the EPA, from transferring the money back to the govt or anyone.

#ClimateUnitedFund & other groups sued #Trump’s EPA, its admin #LeeZeldin & Citibank, saying they had illegally denied the groups access to $14B awarded last year through the #GreenhouseGas Reduction Fund, commonly referred to as a “green bank."

Two lawsuits could provide further insight into DOGE
https://www.muskwatch.com/i/159032671/two-lawsuits-could-provide-further-insight-into-doge

"US District Judge Tanya #Chutkan ordered #Musk and his #DOGE collaborators to provide records and testimony about its plans...seeks to establish the “parameters of DOGE’s and Musk’s authority.”

...US District Judge Christopher Cooper requiring DOGE to expeditiously process Freedom of Information Act requests"

#Chutkan rejected the states' request to obtain sworn testimony through depositions, & said her order does not apply to #Trump.

Republican & Democratic admins have long resisted efforts to force top WH advisers to provide court testimony or info they consider privileged.

#Musk & #DOGE have until April 2 to comply w/Chutkan's order.

The lawsuit sought to bar DOGE from accessing information systems at several government departments & firing federal employees or putting them on leave.

“The court is not convinced, but that is a #legal issue appropriate for resolution after fulsome briefing.…At this stage, it is sufficient that plaintiffs' discovery requests intend to reveal the scope of #DOGE's & #Musk's authority,” #Chutkan wrote.

Chutkan limited requests to material concerning agencies, employees, contracts, grants, federal funding, legal agreements, databases & data management systems that involve or engage w/the 14 states as well as entities they operate or fund.

The states argued #Musk violated the #Constitution by wielding #power only ofcls confirmed by the US #Senate can exercise under the #AppointmentsClause, & sought the materials through…discovery.

#Chutkan said her order focused mainly on who at #DOGE was making cost-cutting decisions & how far they could go.

"Defendants argue that the 'inner workings of government' are immaterial to an Appointments Clause claim,” she wrote.

However, per Ryan Goodman, while Judge #Chutkan denied temporary restraining order in New Mexico v #ElonMusk, she signaled that the plaintiffs have the better argument when this reaches the merits: #Musk is exercising power in violation of #AppointmentsClause.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.277463/gov.uscourts.dcd.277463.29.0_1.pdf

They argue that President #Trump has "delegated virtually unchecked authority to Mr. Musk without proper #legal authorization from #Congress."

At a brief hearing Monday in the case, US District Judge Tanya #Chutkan expressed skepticism at the sweeping request the plaintiffs made to halt #DOGE work, but was also skeptical at the claim from government lawyers that #ElonMusk had no authority to make governmental decisions.

@skykiss

Marcy (Emptywheel) has some very interesting things to say about this magic trick #Trump and the #WhiteHouse are attempting to pull:

"Why #ElonMusk Can’t Run #DOGE [sic] Anymore"

"Judge Tanya #Chutkan had a Presidents Day hearing on a lawsuit challenging DOGE’s actions.

In a response and declaration, the government blew off [her] first question, but on the second, denied that Musk has the power of DOGE. He’s just a senior Trump advisor, one solidly within the White House Office, and so firewalled from the work of DOGE, yet still protected from any kind of nasty disclosure requirements."

Ending with:

"In practice, Trump is saying Elon can dismantle entire agencies without Senate confirmation...

Or he was. Now he’s arguing that all this is happening without Elon’s personal direction.

There is plenty in the complaint already that debunks this, not least the narrative of how Elon started disappearing USAID even before, by his own description, Trump approved."

Here: https://www.emptywheel.net/2025/02/18/why-elon-musk-cant-run-doge-sic-anymore/

"In hundreds of cases like this one over the past four years, judges in this district have administered #justice without fear or favor," #Chutkan added. "The historical record established by those proceedings must stand, unmoved by political winds, as a testament & as a warning."

"No #pardon can change the tragic truth of what happened on January 6, 2021," said Judge Tanya #Chutkan …in a brief order granting the dismissal of one rioter's #criminal case. "The dismissal of this case cannot undo the 'rampage [that] left multiple people dead, injured more than 140 people, & inflicted millions of dollars in damage.' ... And it cannot repair the jagged breach in America's sacred tradition of peacefully transitioning power.