Elon Musk to Testify Under Oath After Judge Denies USAID-Related Immunity Claim

A federal judge has ruled that Elon Musk must sit for a deposition to answer questions about his role in dismantling USAID. The judge rejected Musk’s legal team’s attempt to avoid questioning under the apex doctrine.

Musk Deposition Ordered

U.S. District Judge Theodore Chuang issued an order requiring Musk, along with former acting USAID director Peter Marocco and State Department official Jeremy Lewin, to be deposed. Musk’s attorneys had argued that as a high-ranking official, he could skip a deposition under the apex doctrine, but the judge disagreed.

USAID Staff Cuts Under Scrutiny

Judge Chuang noted that it was unclear whether Musk and the others were “properly deemed to be high-ranking government officials” during the period when USAID was dismantled. He added that they failed to provide evidence explaining why the agency’s headquarters and website were shut down. The lawsuit, filed by anonymous current and former USAID employees, challenges the decisions made by Musk and DOGE officials, the initiative responsible for the cuts.

Defendants in the Lawsuit

Other defendants include:

  • Secretary of State Marco Rubio
  • State Department official Kenneth Jackson
  • DOGE administrator Amy Gleason

Musk has been involved in several legal controversies, including a feud with Sam Altman, the CEO of OpenAI. Musk accused OpenAI of theft, following Altman’s post about canceling a Tesla order. Altman defended the nonprofit structure and reminded Musk that he had once suggested Tesla take over OpenAI.

USAID faced criticism for failing to monitor 5,175 Starlink terminals sent to Ukraine. An internal report found that nearly half of the terminals ended up in Russian-controlled areas. The agency accepted higher misuse risks due to wartime conditions but failed to fully mitigate them. USAID partnered with SpaceX to deliver the terminals, though the report did not examine whether they were used for military purposes.

Next Steps

The deposition is expected to shed more light on Musk’s role in dismantling USAID and the decisions made by DOGE officials. The lawsuit is ongoing, and the outcome is uncertain. However, one thing is clear: Elon Musk will have to testify under oath and answer questions about his actions.