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A federal judge has ordered the Trump administration to loot tens of thousands of government officials in recent weeks, in one of the biggest legal setbacks against Elon Musk’s aggressive cost-cut drive.
The order, made by San Francisco District Judge Judge William Alsup, called for the immediate recovery of probation employees across the U.S. Treasury Department and the agency, including the Defense and Energy Department, after representatives of government workers alleged they were illegally fired.
ALSUP has discovered that the Department of Personnel Management, the government’s personnel agency, one of the main vehicles used by Musk’s so-called Government Efficiency (DOGE), has no legal authority to order such dismissals.
At a hearing Thursday, ALSUP criticized the U.S. government for not sending OPM’s acting director or other officials to answer questions about recent layoffs despite explicit requests by the court, and expressed doubts about the Trump administration’s claim that those fired were not performing their roles.
“The law makes it clear that OPM does not have the authority to order federal agencies to fire employees,” said Danielle Leonard, lawyer for Altshuler Berzon, who represents the plaintiffs. “Today’s ruling is an important first step towards holding this administration accountable.”
The Alsup order is the latest in a series of blows to Doge’s cost-cutting crusades. Earlier this month, the Supreme Court upheld an order that forces the government to pay $2 billion worth of foreign aid contracts the Trump administration had tried to cancel, but a lower court judge prevented mask envoys from accessing any sensitive information.
The US government also moved to clarify the order issued shortly after Trump’s inauguration on probation employees. Trump himself urged Musk last week to use “hatch” rather than “hatch” when it comes to identifying savings.
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In a statement on Alsup’s order, White House spokesman Caroline Leavitt accused the judge of “an unconstitutional attempt to seize the power to enforce employment and employment force.”
She added: “If a U.S. District Court judge wants enforcement, they can try and run for the president himself. The Trump administration will soon fight back against this absurd, unconstitutional order.”
