Federal judge questions constitutionality of DOGE, says she can't tell who is running it and no agency head has been confirmed by Senate

A federal judge raised “concerns” about the US Department of Government Efficiency (DOGE) and Elon Musk operating outside of the boundaries of the Constitution during a hearing on Monday.

During a hearing concerning a lawsuit over DOGE’s activities with the Treasury Department, District Judge Colleen Kollar-Kotelly questioned the Trump administration on how DOGE operates and who leads the organization, per Politico. Kollat-Kotelly, an appointee of former President Bill Clinton, said, “Based on the limited record I have before me I have some concerns about the constitutionality of the of USDS’s structure and operation.”

USDS, or the United States Digital Service, was created during former President Barack Obama's term in office, but has been restructured by Trump to be the place where DOGE fits into his administration.

The judge claimed that it was a possibility that DOGE is a government agency and its head would have to be confirmed by the Senate due to the appointments clause of the Constitution.

Judge Kollar-Kotelly asked the Justice Department attorney for clarification on Musk's role with DOGE. Trump administration attorney Bradley Humphreys told the judge that Musk is a "close adviser to the president.”

The DOJ argued that the Treasury DOGE team, led by Cloud Software Group’s CEO Tom Krause, is part of the Treasury Department and reports to Secretary Scott Bessent, who was confirmed by the Senate.

In a separate case earlier this month, the Trump administration said that Musk is not in charge of DOGE. However, the judge pushed back, citing statements from the White House implicating Musk as being the leader of the organization.

Kollar-Kotelly is seeking more information before deciding whether to issue a preliminary injunction to block DOGE’s access to the Treasury Department, and has ordered the Treasury to provide an administrative record by March 10 detailing the decision to grant DOGE access.

Meanwhile, multiple other lawsuits against DOGE have popped up regarding the firing of federal employees, many of them being brought by labor unions.