Judge Theodore D. Chuang Reverses DOGE Shutdown of USAID
By Tom Kagy | 18 Mar, 2025

In yet another judicial blow to the Trump administration the Maryland-based federal judge prohibited further dismantling of the aid agency during litigation.

At least on a preliminary basis Judge Theodore Chuang agreed with former USAID employees and contractors that DOGE's summary shutdown of USAID is unconstitutional.

DOGE’s actions “likely violated the Constitution” and caused injury to plaintiffs, Chuang ruled.  He enjoined the Trump administration from further actions against the agency until the litigation reaches resolution.

One of the more slippery, and amusing, tacks taken by the Trump administration was to argue that Musk and DOGE are not personally responsible for the cuts to USAID as part of the administration's efforts to distance Musk from the slashing cuts being made to the federal government.  Seeking to characterize the role of Musk and DOGE as “advisory,” the Trump team argued that the actual cuts are carried out by federal agencies.

The argument unimpressed Chuang who noted that Musk and DOGE officials appeared singularly responsible for the decisions to close USAID’s headquarters and take down its website.  Noting other actions taken by Musk across the government, Chuang said the evidence “shows or strongly suggests that Musk and DOGE, despite their allegedly advisory roles, have taken ... unilateral actions without any apparent authorization from agency officials.”

At an earlier February hearing Chuang had already noted that it was “highly suspicious” that the Trump administration could not say who the head of DOGE was when the USAID cuts were carried out. 

Judge Chuang enjoined any further firing of USAID employees, closing USAID buildings, terminating contracts or grants or deleting anything from its website or electronic records.  He also ordered that USAID employees be restored full access to email and other electronic systems, and precluded DOGE officials from sharing personal data about USAID employees.  

Finally, Chuang ordered that any further changes to USAID could only be made through express authorization by a USAID employee.  

But Chuang denied USAID plaintiffs' request for broader relief, including categorically blocking all agency’s layoffs.

Theodore D. Chuang had served as United States District Judge for the District of Maryland in Greenbelt, Maryland since he was appointed by President Obama on May 2, 2014. 

Prior to his appointment Chuang served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS) from 2011 to 2014 and as Associate General Counsel of DHS from 2009 to 2011.  

In 2009 he served as Chief Investigative Counsel for the U.S. House of Representatives, Committee on Energy and Commerce.  From 2007 to 2009 Chuang was Deputy Chief Investigative Counsel for the House Committee on Oversight and Government Reform.  

From 2004 to 2007 Chuang was a partner at the Washington, D.C. firm Wilmer Cutler Pickering Hale and Dorr, LLP.

From 1998 to 2004 Chuang served as an Assistant US Attorney in the Criminal Division of the US Attorney’s Office for the District of Massachusetts.  From 1995 to 1998 he was a trial attorney at the Department of Justice, Civil Rights Division.  Theodore Chuang began his legal career as a law clerk to Judge Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.

Chaung has served as Chair of the Board of Directors of the Asian Pacific American Legal Resource Center which serves low income Asian Americans with limited English proficiency.  As President of the Asian American Lawyers Association of Massachusetts he received the 2018 Founders Award.  He also received the 2019 Pioneer Award from the Asian Pacific American Bar Association of the Greater Washington, D.C. Area.  He currently serves on the Harvard University Board of Overseers. 

Theodore Chuang graduated magna cum laude from Harvard Law School in 1994.  He was an Editor of Harvard Law Review and a Finalist in the Ames Moot Court Competition.  His 1991 B.A. summa cum laude in Economics was also from Harvard.  

Chuang was born in Media, Pennsylvania and grew up in Lexington, Massachusetts.