Judge Tanya Chutkan Holds Emergency Hearing on Elon Musk’s DOGE Amid Federal Employee Firings

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Bente Birkeland
February 18, 2025
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7 minutes read

Photo Credit: Getty Images / Wikipedia

Judge Tanya Chutkan convened a rare emergency hearing on Monday, Presidents’ Day, to consider a request for a temporary restraining order against the actions of Elon Musk’s Department of Government Efficiency (DOGE). Chutkan acknowledged that multiple ongoing court cases seek to halt DOGE’s cuts, questioning how the case before her differed from the others.

DOGE is not a congressionally established or funded department, yet it has already enacted significant workforce reductions. The legal team advocating for the restraining order highlighted concerns regarding Department of Energy employees responsible for nuclear waste oversight in Los Alamos, New Mexico. Reports indicated that thousands of government employees were dismissed on Friday, raising safety concerns.

When Chutkan inquired whether the government’s legal team could confirm the firings, they admitted they lacked information. This response shocked legal analysts following the case. “I have not been able to look into that independently or confirm that,” the government lawyer stated, according to reports from Just Security and MSNBC’s Adam Klasfeld.

Judge: several colleagues have granted TROs … one has denied one. this case is not the same. if i deny a TRO & put you on PI schedule (prelim injunction) why can't you come back & get what you need. prophylactic TRO is not allowed. Plaintiffs: WaPo article … /24
— Roger Parloff (@rparloff.bsky.social) 2025-02-17T16:26:57.276Z

“The firing of thousands of federal employees is not a small or common thing. You haven’t been able to confirm that?” Chutkan reportedly responded “incredulously,” as quoted by Klasfeld. Roger Parloff of Lawfare noted Chutkan’s concerns that DOGE’s actions “have been unpredictable and scattershot.”

She questioned whether this approach was intentional or simply a byproduct of the situation. “That’s why I’m asking: will there be terminations? Where? When?” Chutkan pressed, as per Parloff’s report. The government’s legal representatives admitted they would need to follow up with her on those details.

Asked about 1,000s of federal employees being fired, a govt lawyer responds: "I have not been able to look into that independently or confirm that."Chutkan responds incredulously: "The firing of thousands of federal employees is not a small or common thing. You haven’t been able to confirm that?"
— Adam Klasfeld (@klasfeldreports.com) 2025-02-17T16:47:51.896Z

Lawfare managing editor Tyler McBrien suggested that while this lack of clarity may appear damaging, it could actually benefit the government’s case. “This chaos may make it more difficult to demonstrate the immediate harm needed for the judge to issue a temporary restraining order—rather than just a generalized fear,” McBrien explained. Chutkan concluded the hearing by stating that she would aim to issue a ruling within 24 hours.

Judge: but DOGE's actions have been unpredictable and scattershot. no idea if that's by design or nature of their remit. that's why i'm asking: will there be terminations? Where? when? Graver: 2 brief points–the phrase "prophylactic TRO" describes that well & is problematic …/42
— Roger Parloff (@rparloff.bsky.social) 2025-02-17T16:48:28.883Z