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ROUNDUP: ‘Illegal and Unconstitutional’: Trump and Elon Musk Usurp Congressional Authority By Unilaterally Dismantling USAID

Feb 4, 2025

Since Day One, President Trump and his far right billionaire oligarch pal Elon Musk have targeted a critical federal agency: the United States Agency for International Development (USAID). It all started with Trump’s executive order to withhold foreign aid on his very first day in office, which sent shockwaves across the world. Over the weekend, Musk worked to seize control of federal financial and security systems, which culminated in two top security officials at USAID being placed on leave after they refused to give Musk’s cronies access to internal systems. Today, the administration moved to unconstitutionally shut down USAID entirely by naming Secretary of State Marco Rubio acting administrator in a bid to shift agency work to the Department of State. The Trump admin barred employees from going to work, removed logos and branding from the building, and even barred a group of lawmakers from entering the building. Trump and Musk have no intention of respecting the separation of powers or Congress’ constitutional authority. Trump’s actions amount to a direct assault on the U.S. Constitution, ripping power away from Congress and putting American families in danger by unilaterally dismantling one of the country’s premier institutions for influencing global geopolitics. 

HEADLINES:

Rolling Stone: Trump And Musk Spent The Weekend Making People’s Lives Harder.

  • Since inauguration day, President Donald Trump and billionaire Elon Musk have wreaked havoc on the federal government. They sent their destructive policial [sic] project into a hyperdrive over the weekend, causing shockwaves both at home and abroad. In a period of about 72 hours, the president announced a trade war with two of America’s most critical economic partners, while Musk and his cronies seized control of sensitive federal financial systems, and announced that the president has approved the dissolution of the United States Agency for International Development (USAID).”
  • “DOGE and Musk have made it clear that gaining access to the system will grant them the ability to unilaterally cut off any financial transactions. The first example of how such access might be weaponized came hours later, when the billionaire and his minions executed a potentially permanent shutdown of USAID, the American government’s largest distributor of civilian foreign aid. ‘We spent the weekend feeding USAID into the wood chipper,’ Musk wrote on X early Monday morning. ‘Could [have] gone to some great parties. Did that instead.’ After members of the DOGE team were barred by USAID staff from accessing systems and materials they did not have clearance to view, the Trump administration placed two senior USAID security officials on administrative leave. By Monday morning, USAID employees were being told not to come to work, the agency’s website had been shuttered, and the building had been stripped of its logos and branding.

Forbes: Can Trump Dissolve USAID? 10,000 Jobs Hang In The Balance.

  • What will happen to 10,000 employees? Elon Musk said early Monday morning that President Donald Trump agreed to ‘shut down’ the U.S. Agency for International Development. A few hours later, The Wall Street Journal reported that the Trump administration had closed USAID headquarters. This all comes after several days of speculation and reporting that Trump wants to dissolve the agency and fold some or all of its functions into the State Department. The question is — can the president do this? Can President Trump legally shut down USAID? And if so, what happens to its more than 10,000 employees? Would they be placed on paid administrative leave like some of the agency’s senior leaders already have? And if so, for how long would they be paid? Or, could they be fired altogether? […] There is great fear and uncertainty across the government.

CNN: Rubio Says He’s Acting Director Of USAID As Humanitarian Agency Is Taken Over By The State Department.

  • “Secretary of State Marco Rubio announced Monday that he is acting administrator of the US Agency for International Development, confirming the de-facto takeover of the humanitarian agency by the State Department. The news came hours after Elon Musk, the world’s richest man charged with overhauling the federal government, said President Donald Trump had signed off on shutting the agency down.”
  • “Later, Monday, Trump said he doesn’t need Congress to scrap the agency. ‘Not when it comes to fraud. If there’s fraud, these people are lunatics,’ Trump said when questioned by CNN’s Jeff Zeleny about his capacity to exact major changes to USAID. ‘We just want to do the right thing. It’s something that should have been done a long time ago. Went crazy during the Biden administration. They went totally crazy what they were doing and the money they were giving to people that shouldn’t be getting,’ Trump said in the Oval Office. ‘We’ll be doing a report,’ he went on. ‘We’ll be giving you that report at the appropriate time.’’

Associated Press: USAID Headquarters In Washington Is Blocked After Musk Says Trump Agrees To Close The Aid Agency.

  • “Staffers of the U.S. Agency for International Development were instructed to stay out of the agency’s Washington headquarters, and yellow police tape and officers blocked the agency’s lobby on Monday, after billionaire Elon Musk announced President Donald Trump had agreed with him to shut the agency.
  • “USAID staffers also said more than 600 additional employees had reported being locked out of the aid agency’s computer systems overnight. Those still in the system received emails saying that ‘at the direction of Agency leadership’ the headquarters building ‘will be closed to Agency personnel on Monday, Feb. 3.’ The agency’s website vanished Saturday without explanation.”

The New York Times: Top Security Officials at Aid Agency Put on Leave After Denying Access to Musk Team.

  • The two top security officials at the U.S. Agency for International Development were put on administrative leave on Saturday night after refusing to give representatives of Elon Musk access to internal systems, according to three U.S. officials with knowledge of the matter.”

The Washington Post: Trump Moves To Wrest Control Of USAID As Musk Says, ‘We’re Shutting It Down’.

  • Since President Donald Trump took office two weeks ago, the agency has been under siege and whipsawed by aid freezes, personnel purges and confusion. […] In an email to staff early Monday, the agency’s leadership said: ‘Agency personnel normally assigned to work at USAID headquarters will work remotely … with the exception of personnel with essential on-site and building maintenance functions individually contacted by senior leadership.’”

CBS News: Musk Says Trump Administration Is On Verge Of Shutting Down USAID.

  • “The U.S. Agency for International Development is on the cusp of being shuttered, according to the Trump administration’s billionaire adviser and X, SpaceX and Tesla CEO Elon Musk, who’s been wrestling for control of the agency in recent days. Early Monday, Musk held a live session on X Spaces, previously known as Twitter Spaces, and said he’d spoken in detail about USAID with President Trump. ‘He agreed we should shut it down,’ Musk said. ‘It became apparent that its not an apple with a worm it in,’ Musk said. ‘What we have is just a ball of worms. You’ve got to basically get rid of the whole thing. It’s beyond repair. … We’re shutting it down.’”

The Wall Street Journal: Democratic Senator Says He Will Stall Trump Nominees Until USAID Is Back.

  • Sen. Brian Schatz (D., Hawaii) said he would place a ‘blanket hold’ on all of President Trump’s State Department nominees until the administration’s attack on the leading U.S. foreign-assistance agency ends, a move that threatens to stall Trump’s ability to get his foreign-policy team in place. […] The Senate typically speeds up the confirmation of many nominees through ‘unanimous consent,’ a process that bypasses a formal vote if no senator objects. By objecting, Schatz’s hold would halt the Senate’s ability to move nominees quickly, requiring Senate Majority Leader John Thune to use precious floor time to advance the president’s picks through the confirmation process. ‘I will oppose unanimous consent,’ he told The Wall Street Journal. ‘I will vote no. I will do maximal delays until this is resolved.’ Schatz’s move would leave several bureaus and offices without senior leadership, complicating U.S. diplomatic efforts and the administration’s ability to speak with a clear voice about its foreign priorities.”

BBC: Democrats Say Trump’s Efforts To Shutter Us Aid Agency ‘Unconstitutional’.

  • Closing USAID is an ‘illegal, unconstitutional’ move, Democratic lawmakers said at a press conference outside USAID offices in Washington. The agency distributes billions in aid to non-governmental organisations, aid groups and nonprofits around the world for humanitarian causes. On Monday, employees were told to stay home and many reported being locked out of their email. A dispute with billionaire Elon Musk, a Trump ally, led to turmoil at the weekend, including top official departures and claims the agency would be shuttered.”

 

COMMENTARY:

Senator Chris Murphy (D-CT): “This Is A Constitutional Crisis.” “This is a constitutional crisis that we are in today… The people get to decide how we defend the USA… Elon Musk does not get to decide.”

Senator Amy Klobuchar (D-MN): “Reckless and Dangerous.” “Shutting down USAID is not about efficiency—it’s about undermining America’s global leadership. USAID counters extremism, fights diseases, and creates more markets for U.S. exports. This is reckless and dangerous.”

Senator Adam Schiff (D-CA): “Elon Musk Cannot Dismantle USAID Without An Act of Congress.” “I support this. @ElonMusk cannot dismantle USAID without an act of Congress. Democrats must use every lever at our disposal to block his illegal takeover and shutdown of an essential government agency.”

Senator Cory Booker (D-NJ): “Reckless” and “Illegal.” “Trump and Musk are recklessly and illegally dismantling USAID, an essential national security agency that saves lives, advances U.S. interests, and promotes peace. Their malicious actions are putting the health of people, especially children, at grave risk, and will surely lead to future public health and migration crises in the U.S. – let alone suffering around the globe.”

Senator Brian Schatz (D-HI): “Not How The American System of Government Works.” “If you want to change an agency, introduce a bill and pass a law. You cannot wave away an agency that you don’t like or that you disagree with by executive order, or by literally storming into the building and taking over the servers. That is not how the American system of government works.”

Senator Andy Kim (D-NJ): “Absolutely Ridicious…This Is No Way To Govern.” “I talked to the security guard just in there. He said he has been given specific orders to prevent employees of USAID from entering the building today. I just find that to be absolutely ridiculous. This is no way to govern.”

Rep. Ilhan Omar (MN-5): “This Is What The Beginning Of Dictatorship Looks Like.”

Rep. Jim McGovern (MA-2): “This Is A Constitutional Crisis.” “After demanding to meet with the puppets Elon sent to take over USAID, we were turned away & told they wouldn’t talk with us or defend the legality of what is going on right now. This is a constitutional crisis. Elon is stealing taxpayer money. We are fighting back. We will win.”

Rep. Gerry Connolly (VA-11): “It’s A Matter For Congress…Not An Unelected Billionaire Oligarchy.” “It is a matter for Congress to deal with, not an unelected billionaire oligarchy named Elon Musk. And Elon, if you want to run USAID, get nominated by Trump and go to the Senate and good luck in getting confirmed.”

Rep. Don Beyer (VA-8): “[It’s] Not Only Wrong, It Is Illegal.” “What Trump and Musk have done is not only wrong, it is illegal. USAID was established by an act of Congress and can only be disbanded by an act of Congress.”

Rep. Sara Jacobs (CA-51): “This Is Illegal.” “This is illegal. Neither Donald Trump nor Elon Musk has the authority to eliminate USAID; only an act of Congress can do that. Lawsuits are underway and we are doing oversight to try to stop this.”

Ben Rhodes, MSNBC: “It’s A Shameful, Stupid, Self-Own Without Excuse.” “What is happening to USAID will cost untold lives around the world, devastate America’s standing, and massively empower China and other countries. There’s no excusing it – it’s a shameful, stupid, self-own without excuse and a harbinger of even worse to come.” 

Rolling Stone (Opinion): Elon Musk Is Permanently Deleting Government Agencies.

  • “Working for the U.S. Agency for International Development (USAID) — the conduit for American soft power across the globe — demanded I prepare for frightening things that thankfully most Americans don’t need to worry about. […] One thing they never taught us? What to do if you find yourself on the leading edge of a corrupt billionaire’s coup in America.
  • “Since January 20, President Trump — or, more accurately, Elon Musk, the religious zealots, and far-right activists behind Project 2025 — have been enacting a hostile takeover at the heart of the American experiment and dismantling the bureaucratic machinery that is the last bulwark against fascism in the United States. While the focus predictably has been on Trump’s never-ending cascade of absurdist claims and the unprecedented overreach of an aborted freeze on all federal spending, USAID has been ground zero for a different set of parasites riding the MAGA wave.