NOTICE by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP re Motion Hearing, (Attachments: # (1) Declaration Declaration of Joshua Fisher)(Gardner, Joshua)
This document states that Elon Musk is not actually in charge of his "Department of Government Efficiency" without clarifying who is.
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Page 1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
___________________________________
)
)
)
Plaintiffs,
)
)
v.
)
)
ELON MUSK, in his official capacity, et al., )
)
)
Defendants.
)
_____________________________________)
STATE OF NEW MEXICO, et al.,
Civil Action No. 1:25-CV-00429
During today’s hearing, the Court asked counsel for Defendants for further information
regarding (i) whether any federal employee terminations took place at the end of last week; and (ii) any
future plans by the non-Defendants identified in the States’ revised TRO (the Office of Personnel
Management, the Department of Education, the Department of Labor, the Department of Health
and Human Services, the Department of Energy, the Department of Transportation, and the
Department of Commerce) to engage in any widespread layoffs or personnel actions within the next
fourteen days. Defendants are aware that that a select set of agencies in fact terminated a number of
employees at the end of last week. Defendants cannot make a programmatic representation at this
juncture about how each of the seven non-Defendants noted above may go about personnel actions
over the next two weeks.
But as the attached declaration of Joshua Fisher explains, Elon Musk “has no actual or formal
authority to make government decisions himself”—including personnel decisions at individual
agencies. Decl. ¶ 5. He is an employee of the White House Office (not USDS or the U.S. DOGE
Service Temporary Organization); and he only has the ability to advise the President, or communicate
the President’s directives, like other senior White House officials. Id. ¶¶ 3, 5. Moreover, DefendantsPage 2 are not aware of any source of legal authority granting USDS or the U.S. DOGE Service Temporary
Organization the power to order personnel actions at any of the agencies listed above. Neither of the
President’s Executive Orders regarding “DOGE” contemplate—much less furnish—such authority.
See “Establishing and Implementing the President’s Department of Government Efficiency,” Exec.
Order No. 14,158 (Jan. 20, 205); “Implementing the President’s ‘Department of Government
Efficiency’ Workforce Optimization Initiative,” Exec. Order 14,210 (Feb. 11, 2025).Page 3 Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General, Civil Division
/s/Joshua E. Gardner
JOSHUA E. GARDNER (FL Bar No. 302820)
Special Counsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, DC 20005
(202) 305-7583
Joshua.e.gardner@usdoj.gov
HARRY GRAVER (DC Bar No. 1779585) *
United States Department of Justice
Counsel to the Assistant Attorney General,
Civil Division
950 Pennsylvania Ave, NW
Washington, DC 20530
Tel: (202) 514-2000
harry.graver@usdoj.gov
Mr. Graver has been unable to obtain e-filing privileges with the Court, due to the outage on
Friday, and the current holiday weekend. He has provided his Notice of Appearance to Chambers,
and will file it on the docket as soon as filing-privileges are granted.
*
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:25-cv-00429-TSC
Document 24
Filed 02/17/25
Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
___________________________________
)
)
)
Plaintiffs,
)
)
v.
)
)
ELON MUSK, in his official capacity, et al., )
)
)
Defendants.
)
_____________________________________)
STATE OF NEW MEXICO, et al.,
Civil Action No. 1:25-CV-00429
During today’s hearing, the Court asked counsel for Defendants for further information
regarding (i) whether any federal employee terminations took place at the end of last week; and (ii) any
future plans by the non-Defendants identified in the States’ revised TRO (the Office of Personnel
Management, the Department of Education, the Department of Labor, the Department of Health
and Human Services, the Department of Energy, the Department of Transportation, and the
Department of Commerce) to engage in any widespread layoffs or personnel actions within the next
fourteen days. Defendants are aware that that a select set of agencies in fact terminated a number of
employees at the end of last week. Defendants cannot make a programmatic representation at this
juncture about how each of the seven non-Defendants noted above may go about personnel actions
over the next two weeks.
But as the attached declaration of Joshua Fisher explains, Elon Musk “has no actual or formal
authority to make government decisions himself”—including personnel decisions at individual
agencies. Decl. ¶ 5. He is an employee of the White House Office (not USDS or the U.S. DOGE
Service Temporary Organization); and he only has the ability to advise the President, or communicate
the President’s directives, like other senior White House officials. Id. ¶¶ 3, 5. Moreover, Defendants
PDF Page 3
Case 1:25-cv-00429-TSC
Document 24
Filed 02/17/25
Page 2 of 3
are not aware of any source of legal authority granting USDS or the U.S. DOGE Service Temporary
Organization the power to order personnel actions at any of the agencies listed above. Neither of the
President’s Executive Orders regarding “DOGE” contemplate—much less furnish—such authority.
See “Establishing and Implementing the President’s Department of Government Efficiency,” Exec.
Order No. 14,158 (Jan. 20, 205); “Implementing the President’s ‘Department of Government
Efficiency’ Workforce Optimization Initiative,” Exec. Order 14,210 (Feb. 11, 2025).
PDF Page 4
Case 1:25-cv-00429-TSC
Dated: February 17, 2025
Document 24
Filed 02/17/25
Page 3 of 3
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General, Civil Division
/s/Joshua E. Gardner
JOSHUA E. GARDNER (FL Bar No. 302820)
Special Counsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, DC 20005
(202) 305-7583
Joshua.e.gardner@usdoj.gov
HARRY GRAVER (DC Bar No. 1779585) *
United States Department of Justice
Counsel to the Assistant Attorney General,
Civil Division
950 Pennsylvania Ave, NW
Washington, DC 20530
Tel: (202) 514-2000
harry.graver@usdoj.gov
Mr. Graver has been unable to obtain e-filing privileges with the Court, due to the outage on
Friday, and the current holiday weekend. He has provided his Notice of Appearance to Chambers,
and will file it on the docket as soon as filing-privileges are granted.
*
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