Former federal prosecutor Andrew Cherkasky predicted Tuesday that the Department of Government Efficiency (DOGE), headed by Elon Musk, will continue to win legal battles despite ongoing challenges from government employee unions and Democratic state attorneys general.
During an appearance on Fox News with host Harris Faulkner, Cherkasky noted that skepticism from U.S. District Judge Tanya Chutkan toward efforts to block DOGE’s operations signals a strong legal standing for the agency. “The deep state’s days are numbered at this point,” Cherkasky said. “Seeing Judge Chutkan push back against the Democratic efforts to shut down DOGE is particularly telling.”
Chutkan, who previously oversaw legal proceedings against former President Donald Trump in Washington, D.C., has been critical of Trump in the past. However, her hesitancy to issue sweeping rulings against DOGE suggests that the agency is on solid legal footing.
Established by Trump in a January 20 executive order, DOGE rebranded the United States Digital Service, originally created under the Obama administration. A follow-up executive order on February 11 expanded its responsibilities to include hiring new federal employees and overseeing agency reductions. Since its formation, DOGE has eliminated wasteful programs and unnecessary departments, reportedly saving taxpayers $55 billion.
Cherkasky compared the legal authority of DOGE to that of Special Counsel Jack Smith, arguing that Musk’s role as an advisor to the president is well within legal precedent. “Elon Musk is a totally different example where DOGE and Elon both are operating as advisors to the president in a department that was established specifically for government reduction and technology improvements in the Obama administration,” he explained.
The Trump administration is currently appealing injunctions imposed by federal judges that have sought to limit DOGE’s oversight of federal spending. However, Cherkasky remains confident that these legal battles will ultimately favor DOGE. “The lawsuits will come, but I think they’re going to continue to win,” he stated.
Faulkner highlighted the importance of the discussion, pushing back against Democratic narratives that Musk’s role in the administration is inappropriate. “What people are being told, what voters are being told is there is something untoward going on with Musk playing the role of an advisor… but the buck stops with Trump,” she said.
With the legal landscape shifting in DOGE’s favor and Musk’s leadership continuing to drive cost-cutting reforms, the department remains a key player in Trump’s efforts to streamline federal government operations.
