Former Assistant U.S. Attorney Andy McCarthy on Monday pushed back at the 14 Democratic attorneys general alleging that the Department of Government Efficiency’s (DOGE) efforts to eliminate wasteful government spending violates the U.S. Constitution.
The attorneys general alleged in the lawsuit that Elon Musk, who serves as the head of DOGE, currently is acting with “limitless and unchecked power” by firing several federal employees in an attempt to ensure that the government uses taxpayer money efficiently. McCarthy said on Fox News’ “America’s Newsroom” that Trump has the executive authority to direct Musk to “scrutinize records” and shrink the size of the federal government.
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“I understand they’re upset that they lost the election, but Trump is the executive branch,” McCarthy said. “And what I mean is, as a matter of constitutional law, all of the executive power which means all the power wielded by these executive agencies is the president’s power and the president can designate officials of the executive branch which Elon Musk, whether they like it or not now is one, to scrutinize records. To say that the president or cabinet level secretaries or somebody who the president designates and consults with, who is actually a government employee, can’t scrutinize executive branch records is just absurd.”
McCarthy suggested that the case brought by the attorneys general or any other legal challenges against DOGE will not be successful as the courts nor Congress hold more power than Trump when it comes to the executive branch.
“The courts don’t have any more power to run the executive branch than the Congress does or anyone else does, the president runs the executive branch and he has designated Elon Musk as a special government employee, DOGE whether they like it or not, they keep calling it the ‘so-called DOGE,’ is a component of the executive office of the president in the White House. It’s actually a refinement of something that was started under [former] President [Barack] Obama and they have the authority from the only person they need it from, which is the president, to do this scrutiny and it’s a scrutiny that needs to be done,” McCarthy continued.
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Three of the attorneys general on the lawsuit—Keith Ellison of Minnesota, William Tong of Connecticut and Anthony Brown of Maryland—are soliciting applicants from a New York University (NYU) law school program that received about $6 million from Democrat mega-donor Mike Bloomberg in 2017.
Trump further asked the U.S. Supreme Court to allow him to fire Hampton Dellinger, who leads the Office of Special Counsel, despite protections enacted by Congress that require an administration to show cause to fire an official before their five-year term has ended. Dellinger, who was appointed by former President Joe Biden, sued the Trump administration after he was fired in February.
McCarthy said the Supreme Court should side with Trump on this case since he should have “absolute” authority to make that decision.
“It’s important to recognize that [Trump] has this power and the Congress and the courts do not have the ability to obstruct him, not for 14 days, not for 14 seconds,” McCarthy stated.
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Democrats have shrieked, used violent rhetoric and held protests against Musk’s DOGE for dismantling the U.S. Agency for International Development (USAID), which wasted billions of dollars on left-wing and LGBTQ causes abroad. USAID handed a $2 million grant to fund sex change operations in Guatemala, gave out $68 billion in foreign aid in 2023 and sent 65.5 million condoms, 9.8 million injectable birth control products and 334,000 IUDs abroad in fiscal year 2022.
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First published by the Daily Caller News Foundation.