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Judge Appears Skeptical of Claims That Musk Isn’t Driving DOGE

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Judge Appears Skeptical of Claims That Musk Isn’t Driving DOGE

A federal judge said on Friday that it seemed “factually inaccurate” for the Trump administration to keep insisting that Elon Musk has no formal position in an operation that has led to mass firings of federal workers and the hobbling of the nation’s foreign aid agency.

The judge, Theodore D. Chuang of the U.S. District Court for the District of Maryland, prodded government lawyers repeatedly for additional clarity on Mr. Musk’s role in a case that directly challenges the constitutionality of the task force known as the Department of Government Efficiency, or the U.S. DOGE Service.

Until this week, government officials had resisted answering inquiries as to who was formally in charge of the task force, except to say that it was not Mr. Musk. (Nor is Mr. Musk among its employees, the government said.) On Tuesday, a White House official said that Amy Gleason, a former health care investment executive, was serving as the acting administrator.

On Friday, Joshua E. Gardner, a lawyer in the Justice Department’s civil division, denied that Mr. Musk had any role with the Department of Government Efficiency. This despite Mr. Musk’s clearly driving its initiatives, including an email blasted out last weekend that attempted to require all federal employees to respond with a list of five accomplishments from the previous week. Although the email was sent by the Office of Personnel Management, the federal government’s human resources arm, Mr. Musk said on Wednesday that he had suggested it and that the president had approved.

Judge Huang asked Mr. Gardner who had led the agency before Ms. Gleason was announced as acting administrator. Mr. Gardner said he had not asked, then immediately corrected himself, saying that he had asked but “was not able to get an answer” beyond that it was not Mr. Musk. The judge said he found it “very suspicious” that the government did not have an answer.

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The three-hour hearing was the latest in a lawsuit filed in mid-February on behalf of 26 unnamed current and former employees or contractors of the U.S. Agency for International Development. The foreign aid agency, a particular target of Mr. Musk’s, has been rapidly dismantled in the months since Mr. Trump took office. In recent days, Trump administration appointees have fired hundreds of employees who help manage responses to urgent humanitarian crises around the world, leaving the agency’s future in turmoil.

Lawyers for the plaintiffs on Friday argued that Mr. Musk’s operation was inherently unconstitutional because he had not been appointed by the president nor approved by the Senate, as is required for high-level officials by the appointments clause of the Constitution.

Mr. Musk is “the most powerful principal officer currently in the government alongside the president, and one of the most powerful in our country’s history,” Norm Eisen, one of the lawyers, said.

He added that historically, no figure in the executive branch, not even the White House chief of staff who is the president’s top aide, has acted with as much authority as Mr. Musk. That meant that Mr. Musk’s actions in the case of U.S.A.I.D. — dispatching teams to shut down programs, cut off systems access to employees and contractors and comb through sensitive and confidential agency data — amounted to “a grave violation of the separation of powers,” Mr. Eisen said.

Mimi Marziani, Mr. Eisen’s co-counsel, further characterized Mr. Musk’s role as a “made-up position” leading a “made-up super-agency.”

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Court filings in a torrent of lawsuits challenging Mr. Musk and his associates’ incursions on federal agencies have offered a crucial, though limited, window into the Department of Government Efficiency. As some of the only firsthand accounts, they have painted a picture of a tightly managed process in which small groups of government employees have swept in and out of agencies, grabbing up data in apparent pursuit of larger political goals.

A White House official said on Tuesday that Amy Gleason, a former health care investment executive, was serving as the acting administrator of the U.S. DOGE Service.

Mr. Gardner argued that there had been no attempt by the Department of Government Efficiency to shut down U.S.A.I.D., but rather that it was undergoing “a reorganization in consultation with Congress.” He added that he did not believe the president had the power to totally shut down the agency.

Judge Chuang pushed back on that characterization, citing a letter to Congress from Secretary of State Marco Rubio announcing he had taken over as acting administrator of U.S.A.I.D. and saying that the agency “may be abolished consistent with applicable law.”

“The wood chipper isn’t usually reorganization,” Judge Chuang retorted, seeming to reference a post on social media from Mr. Musk in early February in which he said, “We spent the weekend feeding U.S.A.I.D. into the wood chipper.”

“I don’t even know what that means, your honor,” Mr. Gardner replied.

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Judge Chuang had granted a motion last week to move ahead with Friday’s hearing in order to consider whether to block Mr. Musk’s team from continuing to drive changes at the agency. The hearing came amid an extreme downsizing at the agency, as it moved to terminate thousands of contracts and grants, eliminating some 90 percent of U.S.A.I.D.’s work.

Earlier this week, a federal judge in Washington gave the agency a midnight deadline on Thursday to release payments to a raft of programs and organizations the agency has long funded. The administration also made an emergency appeal to the Supreme Court, and on Wednesday night, Chief Justice John J. Roberts issued a temporary administrative stay.

On Friday, the plaintiffs asked Judge Chuang to block DOGE representatives from combing through U.S.A.I.D. data and systems, as a method of short-term relief. They said their clients, some of whom were stationed abroad, had suffered “physical and psychological harm,” had missed payments and were cut off from the agency’s systems and other “potentially lifesaving services” while awaiting further direction.

The judge declined to issue an immediate decision.

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Crews Drape Tarp Over White House in Latest Trump Restoration

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Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.

Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”

“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.

US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ

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(Mario Tama/Getty Images) (Mario Tama/Getty Images)

With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.

“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”

Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.

But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.

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TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE

President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)

“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”

Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.

The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.

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“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”

“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”

NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER

Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.

Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.

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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”

“That’s why you live in America. You get the choice of all those.”

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Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers

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Black mold and  wages: Settlement forces immigrant detention centers to protect workers

In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.

The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.

A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.

“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.

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“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.

Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.

The GEO Group did not respond to requests for comment.

Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.

Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.

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The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”

Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.

But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.

Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”

The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.

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Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.

“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.

Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”

But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.

Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.

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Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.

“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.

Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.

New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.

An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”

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“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.

The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.

Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.

“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”

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