Former Federal Prosecutor Tells Harris Faulkner Why He Predicts DOGE Will Beat Lawfare

Former federal prosecutor Andrew Cherkasky told Fox News host Harris Faulkner Tuesday that the Department of Government Efficiency (DOGE) headed by Tesla CEO Elon Musk would “continue to win” legal battles. Since…

Daily Caller News Foundation StaffFeb 18, 20253 min read

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Former federal prosecutor Andrew Cherkasky told Fox News host Harris Faulkner Tuesday that the Department of Government Efficiency (DOGE) headed by Tesla CEO Elon Musk would “continue to win” legal battles.

Since President Donald Trump established DOGE by rebranding the United States Digital Service in a Jan. 20 executive order and later expanded its responsibilities to include the hiring of new federal employees in a Feb. 11 executive order, the agency has faced legal challenges from government employee unions and Democratic state attorneys general. Cherkasky said that skepticism about the arguments from United States District Judge Tanya Chutkan of the District of Columbia was a good sign for DOGE.

“The deep state’s days are numbered at this point,” Cherkasky told Faulkner. “I think that particularly yesterday, seeing the Judge Chutkan push back against the Democratic efforts to shut down DOGE and to limit their access is particularly telling. Remember, Judge Chutkan was the one who was overseeing the D.C. criminal trial against Donald Trump and was very adversarial to him and his interests throughout that, in fact, rejected his arguments that Jack Smith was acting outside his authority and needed to have been a congressionally approved special counsel.”

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“That’s interesting Jack Smith had independent authority, independent from the attorney general, and independent from the president of the United States,” Cherkasky continued. “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. So I think that the legal arguments are very sound. The lawsuits will come, but I think they’re going to continue to win.”

The Trump administration is appealing injunctions imposed by federal judges targeting DOGE’s efforts to oversee federal spending. DOGE has saved taxpayers an estimated $55 billion in federal spending by eliminating unnecessary departments and programs since it was formed, according to its website.

“When it comes to just an advisor to the presidential – to the president’s authority and the president maintains authority over the actions of their senior advisors, there’s plenty of senior advisors within the White House and that’s been the case throughout the history of the presidency of the United States, so this is nothing new,” Cherkasky added. “President Trump is essentially saying whatever is going on with DOGE, the buck stops with him in the White House, in the Oval Office. So these are people who are operating on his behalf and his behest, not independently.”

“That is so important for people to hear. I’m gonna put that on a loop and put it on social media today. No, seriously,” Faulkner said. “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 and while I couldn’t do that job, I guess anybody could be the advisor at that point, if the president wanted it, but the buck stops with Trump.”

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