Arizona Attorney General Kris Mayes Reacts to Federal Judge Tanya Chutkan’s Refusal to Temporarily Block Elon Musk’s DOGE

Judge Tanya Chutkan, the one who would have presided over Donald Trump’s federal trial for his role in the January 6, 2021 Domestic Insurrection at the United States Capitol had he lost last November, dealt a set back to 14 State Democratic Attorney Generals today (February 18, 2025,) including Arizona’s Kris Mayes, by refusing, for now, to block Elon Musk’s DOGE from their role in accessing government data bases and recommending staff layoffs to the Musk/Trump/Vance Administration.

In her decision, Chutkan said that while “DOGE’s unpredictable actions have resulted in considerable uncertainty and confusion,” the 14 State Attorney Generals did not show how their states were currently suffering “imminent harm” for her to block Musk and his DOGE team.

In reporting from the New York Times, Chutkan asked the plaintiffs for examples of how Musk’s DOGE were causing imminent harm and they responded with actions taking place at the Departments of Education and Energy. This did not convince Chutkan who conveyed:

“The court is aware that DOGE’s unpredictable actions have resulted in considerable uncertainty and confusion for plaintiffs and many of their agencies and residents…’But the mere possibility that’ “defendants may take actions that irreparably harm plaintiffs” was not enough to grant emergency relief’

In the hearing she held on Monday, Chutkan previewed her decision by stating she could not act “based on media reports.”

Chutkan did allow the case to move forward even without the block, stating “Plaintiffs legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight.”

In a response to the ruling, Attorney General Mayes relayed:

“Judge Chutkan importantly recognized that the plaintiff states legitimately call into question the unchecked authority of an unelected individual acting without congressional oversight. Make no mistake—Elon Musk is operating in violation of the U.S. Constitution, and we will continue to fight in court to protect the rights of all Arizonans from unconstitutional executive overreach.”

Richie Taylor, the Arizona Attorney’s Office Communications Director, indicated that the 14 Attorney Generals will move for an expedited processing of this case: “Musk’s role is a violation of the appointments clause of the Constitution.”