Elon Musk will be required to sit for a deposition over his role in dismantling the U.S. Agency for International Development, after a Maryland judge ruled he does not qualify as a high-ranking government official exempt from testimony.
In an eight-page order issued Tuesday, U.S. District Judge Theodore Chuang rejected requests from Musk and officials tied to the Department of Government Efficiency (DOGE) to avoid depositions under the “apex doctrine,” which can shield senior government officials in certain cases.
The court ordered depositions for Musk, former acting USAID director Peter Marocco, and State Department official Jeremy Lewin. Judge Chuang said it was unclear whether any of them could be properly classified as high-ranking officials, noting that many leadership roles during the period were informal or acting positions.
The depositions are part of a lawsuit brought by current and former USAID employees against Musk and DOGE officials. The plaintiffs allege wrongdoing related to the dismantling of the agency, including the shutdown of its headquarters and website. Chuang said the defendants failed to provide sufficient justification for those actions, making depositions necessary.
The lawsuit also names Secretary of State Marco Rubio, State Department official Kenneth Jackson, and DOGE administrator Amy Gleason as defendants.
USAID, which distributes foreign aid and supports humanitarian programs worldwide, was one of DOGE’s primary targets when Musk led the unit at the start of President Donald Trump’s second term. As part of DOGE’s push to cut what it deemed wasteful government spending, USAID announced plans last February to reduce its workforce from about 10,000 employees to just 300.
Musk stepped back from DOGE in May. Representatives for Musk, USAID, and the State Department did not respond to requests for comment.