CNN reported on April 13, 2026 that Elon Musk, who wielded unprecedented power reshaping federal agencies through DOGE, has avoided efforts by his legal adversaries to question him under oath about that work.
In a lawsuit brought by current and former USAID staffers and contractors, who allege Musk was behind the decision to shut the agency in violation of the Constitution's Appointments Clause, Texas constables and process servers went to his properties 14 times over about three months, beginning in mid-November 2025, according to court documents described by CNN. They were denied entry to gated properties, and staff told them Musk was not home and that no one was authorized to accept papers for him.
In the same case, the Justice Department argued Musk should not have to be deposed, invoking precedent that protects senior officials from depositions. U.S. District Judge Theodore Chuang rejected that argument in February 2026, noting that the defendants “acknowledge that Musk has left government service.” In March, a divided U.S. Court of Appeals for the Fourth Circuit granted a protective order shielding Musk and other officials from deposition for now, holding that “Deposing high-ranking officials is a measure of last, not first, resort.”
In a separate lawsuit brought by Democratic state attorneys general, the Justice Department won a March 2025 appeals court order pausing plans for Musk to answer written questions, and discovery has been paused for more than a year. The Justice Department has also asked the Supreme Court a second time to intervene in a discovery dispute in a case that will determine whether DOGE is covered by federal open records law.
“Elon Musk publicly bragged about destroying USAID, but he and the administration have retreated into secrecy now that their unconstitutional actions are being brought to light,” said Andrew Warren of Democracy Defenders Fund, which represents the USAID plaintiffs.
Correction (October 2, 2026): The title previously said Musk had been “served” 14 times; the servers tried 14 times and did not succeed. This entry also placed the year-long discovery pause in the USAID case; per CNN, that pause is in the separate lawsuit by Democratic attorneys general. It presented “shielded” as the Justice Department's own word; it is CNN's description of the government's argument.