Federal Judge and Harvard Overseer Theodore Chuang Finds Trump’s USAID Purge Was Likely Unconstitutional

Federal judge Theodore D. Chuang ’91 — a member of the Harvard Board of Overseers, the University’s second-highest governing body — ruled that billionaire Elon Musk’s attempts to dismantle the United States Agency for International Development were likely unconstitutional.

In a 68-page opinion issued on Tuesday, Chuang — an Obama appointee — ordered the White House to restore former USAID employees’ access to government email, security systems, and payment platforms and let the agency return to its currently shuttered Washington, D.C., headquarters.

The ruling, which appears to be the first direct challenge to Musks’ authority, represents a potential snag for Harvard’s Washington strategy: Even if the University is trying to fly under the Trump administration’s radar, many of its affiliates are willing to challenge the White House outright.

That could complicate the University’s already contentious relationship with federal Republicans, who have threatened cuts to federal funding and a greater tax on the University’s endowment.

In his ruling, Chuang, a former Crimson Sports editor, sided with the more than two dozen former USAID affiliates who filed suit in February over his involvement. He agreed that Musk’s control over the newly minted Department of Government Efficiency — which has steadily whittled away at USAID and other agencies in an effort to shrink the government to its bare minimum — was likely unconstitutional.

But Chuang’s ruling has important limits. It could allow cuts approved by USAID officials, rather than Musk and DOGE, to move forward. And Chuang stopped short of ordering the White House to restaff USAID or restore canceled contracts, suggesting that USAID had, at least on paper, approved or ratified those decisions.

While the Trump administration has repeatedly downplayed Musk’s involvement in DOGE and painted Amy Gleason, a former healthcare executive, as the group’s leader, Chuang pointed to White House statements tasking Musk to “oversee” the agency and argued that Musk himself had taken credit for shutting USAID down.

“Musk’s public statements and posts on X, in which he has stated on multiple occasions that DOGE will take action, and such action occurred shortly thereafter, demonstrate that he has firm control over DOGE,” he wrote.

Chuang added that Musk “and another DOGE official overrode objections from USAID officials to gain access to the USAID classified computer systems and facilities.”

Since returning to power in January, the Trump administration has laid off thousands of USAID employees, terminated millions of dollars of USAID grants and contracts, and shut down its headquarters in Washington, D.C.

Last week, Secretary of State Marco A. Rubio, who has assumed control of USAID during its purge, announced in a post on X that 83 percent of USAID programs had been cut.

The Tuesday ruling comes amid an unprecedented showdown between the federal judiciary and the Trump administration.

Federal judges have blocked a host of Trump’s executive orders on immigration, labor, federal funding, and diversity, equity, and inclusion programs — decisions that the White House has appealed, and more recently, defied. Just two days ago, the administration deported a group of Venezuelan migrants suspected of gang activity despite a judge’s order to immediately halt the process.

White House spokesperson Anna T. Kelly wrote in a statement that the administration would appeal Chuang’s ruling, calling it a “miscarriage of justice.”

“Rogue judges are subverting the will of the American people in their attempts to stop President Trump from carrying out his agenda,” she wrote. “If these Judges want to force their partisan ideologies across the government, they should run for office themselves.”

Republican lawmakers have introduced several impeachment motions against judges who have ruled against Trump and his allies, but no such motion has been filed against Chuang as of Wednesday night.

—Staff writer Dhruv T. Patel can be reached at dhruv.patel@thecrimson.com. Follow him on X @dhruvtkpatel.