Trump Seeks to Block Musk Testimony in Explosive DOGE Data-Access Legal Battle

Political fireworks ignite as former President Trump moves to silence the world's richest man in cryptocurrency lawsuit.
The Legal Maneuver
Trump's legal team filed motions to prevent Elon Musk from providing testimony in the ongoing DOGE data-access lawsuit—a move that could reshape how crypto leaders interact with government investigations. The attempt to bar testimony comes as regulatory scrutiny around cryptocurrency data practices intensifies globally.
Market Implications
While lawyers argue procedural technicalities, the crypto market watches closely—because when billionaires clash, retail investors typically end up holding the bag. The case highlights the growing tension between crypto innovation and regulatory oversight, with potential implications for how blockchain data access is governed moving forward.
This high-stakes legal drama proves that in cryptocurrency, the only thing more volatile than prices is the relationship between its most powerful players—and their lawyers' billable hours.
Justice Department argues Elon didn’t make policy
Elon stepped down from his adviser role in the spring. But while he was there, he became the face of Trump’s Department of Government Efficiency, or DOGE. Elon was heavily tied to Trump’s 2024 campaign too.
Even after he left the role, the DOJ continued defending him in cases linked to DOGE, claiming Elon didn’t have formal policy-making power.
Lawyers say he only advised Trump, and that doesn’t make him liable for constitutional violations. But the plaintiffs argue otherwise.
They told the court Elon had “exercised unconstitutional power” and acted like a Senate-confirmed official, without ever being confirmed. They’re suing over what they call a clear breach of the Constitution, accusing Elon and others of breaking the legal separation between Congress and the Executive Branch by shutting down an agency Congress created.
Their lawyers spent the last few months gathering testimony and requesting files. So far, the judge has allowed it all to go forward. In August, the court rejected DOJ’s attempt to have the entire lawsuit thrown out.
The DOJ’s new filing says the plaintiffs haven’t used all other options first, like written questions or lower-ranking witnesses.
Lawyers argue that compelling Elon to testify would interfere with Trump’s constitutional duties, saying it would “necessarily intrude on White House activities and the president’s performance of constitutional duties.”
Elon’s posts used as evidence in deposition fight
One of the strongest pieces of evidence the plaintiffs cited is Elon’s own social media post from February, where he wrote: “We spent the weekend feeding USAID into the wood chipper.”
The judge said that message was enough to support claims that Elon took credit for USAID’s collapse, and also prove that he was more than just an adviser to Trump.
Meanwhile, Trump’s administration is also blocking another key Doge figure from being forced to testify.
In a separate case from May, the U.S. Supreme Court stepped in to stop a lower court from compelling Amy Gleason, DOGE’s administrator, to give testimony. That case is about whether DOGE must comply with public records laws. It hasn’t been resolved yet, and it’s still moving through the courts.
Elon’s exact role inside DOGE remains the central issue. The workers who sued say he directed decisions that ripped apart foreign aid programs, which they claim violated federal law. But the DOJ says Elon’s job was limited to informal advice, not execution of policy.
The court now has to decide whether Elon’s post, his White House presence, and his public actions are enough to pierce legal protections usually granted to people that close to the president.
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