The Democrats are playing fire with fire. They want to stop Trump’s agenda dead in its tracks.
But a federal prosecutor just gave a critical update on Trump’s DOGE live on Fox News.
Former Assistant U.S. Attorney Andy McCarthy Defends Trump’s Authority Over DOGE Against Legal Challenge
Recently, former Assistant U.S. Attorney Andy McCarthy pushed back against a lawsuit filed by 14 Democratic attorneys general, which challenges the Department of Government Efficiency’s (DOGE) initiatives aimed at reducing wasteful government spending. These attorneys general argue that DOGE, led by Elon Musk, is acting with “limitless and unchecked power” by firing several federal employees in an effort to ensure that taxpayer money is being spent efficiently. However, McCarthy strongly disagrees with this contention, asserting that President Trump has the constitutional authority to direct Musk’s actions.
Appearing on Fox News’ *America’s Newsroom*, McCarthy stated that Trump’s power as the executive in the White House enables him to oversee agencies like DOGE and direct figures such as Musk to take steps to improve government efficiency. “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.”
According to McCarthy, the legal objections raised by the Democratic attorneys general are fundamentally flawed. He noted that it is entirely within the president’s constitutional rights to assign an official, such as Musk, to oversee government operations and conduct thorough reviews of federal spending. “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 argued.
In response to potential legal challenges to DOGE, McCarthy expressed confidence that these lawsuits would not succeed. He emphasized that neither the courts nor Congress have the authority to control the executive branch, as the president holds ultimate power over it. “The courts don’t have any more power to run the executive branch than the Congress does or anyone else does,” McCarthy continued. “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.”
McCarthy further explained that the DOGE program, which aims to enhance government efficiency, is an extension of a similar initiative started under the Obama administration. “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 added.
The lawsuit filed by the Democratic attorneys general also involves three high-profile figures: Keith Ellison of Minnesota, William Tong of Connecticut, and Anthony Brown of Maryland. These individuals are reportedly soliciting applicants from a law school program at New York University (NYU), which received $6 million in funding from Democrat mega-donor Mike Bloomberg in 2017. McCarthy’s commentary also suggested that such alliances between Democratic officials and private donors could be a factor in the ongoing legal dispute.
In another legal matter involving the Trump administration, McCarthy discussed the president’s request to the U.S. Supreme Court to allow him to fire Hampton Dellinger, the head of the Office of Special Counsel, despite a Congressional mandate that officials may not be dismissed before their five-year term ends unless the administration provides just cause. Dellinger, appointed by former President Joe Biden, filed a lawsuit after he was terminated in February. McCarthy asserted that Trump should have the “absolute” authority to make personnel decisions, regardless of the legal protections that may exist.
“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 said, stressing the breadth of the president’s executive authority.
The actions of DOGE, particularly its dismantling of the U.S. Agency for International Development (USAID), have been met with vocal opposition from Democrats. USAID has been criticized for its allocation of resources to left-wing and LGBTQ causes abroad, including a $2 million grant for sex-change operations in Guatemala and significant financial aid given to foreign countries in 2023.
In fiscal year 2022, USAID also distributed millions of condoms, injectable birth control products, and IUDs as part of its global health initiatives. Critics have expressed concerns that these efforts misalign with the priorities of the Trump administration, further fueling tensions surrounding DOGE’s activities.
Despite the controversies, McCarthy remains firm in his belief that Trump’s power as the head of the executive branch is unchallenged, and that efforts to reduce government waste and inefficiency should be seen as part of the president’s constitutional prerogatives.
The Federalist Wire will keep our readers updated on any further updates to the Department of Government Efficiency and the ongoing legal battles.
