Judging from his last term, at some point Trump is likely to get tired of Musk, kick him out of the administration, declare he always thought Musk was a bad guy, and pretend like he never listened to him. If Musk tries to stay in after that, it could be a coup.
https://en.wikipedia.org/wiki/Self-coup
For a recent example see the events in South Korea with President Yoon.
It's been less clear to me whether federal agencies are obligated to spend money that congress has authorized.
Democracy becomes non democracy by illegal acta, typically.
He can't just delegate power to an unelected civilian like this.
To invoke Godwin's law, Hitler was democratically elected, Austria democratically voted to join the Reich, the people of the UK voted in favor of leaving Europe. Just because it doesn't technically meet your definition of a coup, doesn't mean it's a hostile takeover of the country's government and systems. But if you'd rather argue semantics that's fine too. If this keeps up, the US government will shut down by March and people will die - or, more will, as there's a link between the plane crashes and the Trump admin's cutting down on already understaffed air control staff.
So congress, for example, cannot delegate making laws to some other entity. The courts, for example, cannot give their judicial power to others.
Similarly, the president can't delegate significant executive authority to others.
Where are the limits of this?
It's usually about delegating significant amounts of power or functions that the constitution explicit calls out as being owned.
But the limits are not tested often, so not tons of cases.
In the case of agencies, the executive branch also has no power in the first place to either set up, or disband, agencies. This is a power that congress owns. They can't, per above, delegate it, even if they wanted to.
I asked ChatGPT and it said many other agencies were established by EOs (e.g. FEMA, NSA, NASA, EPA). Quote from ChatGPT: "Many agencies later received congressional authorization, but their initial formation or restructuring was often directed by executive orders." So it seems like the last paragraph is incorrect.
But this is standard practice, no? The US system is rather unusual compared to Parliamentary systems in that Congress delegates precisely this power to the executive all the time.
https://www.whitehouse.gov/presidential-actions/2025/01/esta...
1. USAID Employees Have Legal Employment Protections
USAID employees—both civil servants and Foreign Service officers—are protected by federal employment laws. A presidential aide cannot simply tell them to stop working without a legal order, such as an official reorganization approved by Congress or a government shutdown following a funding lapse.
Under Title 5 of the U.S. Code, federal employees cannot be arbitrarily removed or prevented from performing their duties. The Anti-Deficiency Act (31 U.S.C. § 1341) prohibits government officials from unilaterally stopping agency operations without congressional authorization.
2. Locking USAID Buildings Would Violate Security & Property Laws
Physically locking the doors to prevent USAID employees from entering their offices would likely violate:
18 U.S.C. § 371 (Conspiracy to defraud the U.S. Government) if it were done to obstruct lawful government operations. 18 U.S.C. § 1361 (Willful injury of government property) if it involved unlawful restriction of access to a federal facility. Federal Continuity Directives require that government agencies maintain essential functions even in emergencies.
3. Presidential Authority Has Limits
The President does not have unilateral authority to suspend an entire federal agency’s operations without following proper legal processes.
Only Congress can permanently dissolve an agency like USAID by repealing its statutory mandate.
Even if a president wanted to reorganize or defund USAID, they would need to work through legal channels—such as submitting a restructuring plan to Congress.
What Could Happen If Someone Tried This?
If an aide illegally ordered staffers to stop working and locked the doors, several things could happen:
Congressional & Legal Challenges – USAID officials or Congress could sue, arguing the action was unlawful. Federal Court Intervention – A court could issue an injunction blocking the order.
Potential Criminal Charges – Any official involved in obstructing a federal agency’s work could face legal consequences.
Historical Precedents
Trump’s 2018-2019 Government Shutdown: While federal agencies, including USAID, were partially shut down due to funding lapses, career employees were still required to follow proper procedures.
Nixon’s Attempt to Defund Agencies: President Nixon tried to defund programs by impounding funds, but Congress passed the Congressional Budget and Impoundment Control Act of 1974, limiting executive control over funding.
Bottom Line
Simply ordering USAID employees to stop working and locking the doors would be blatantly illegal and would likely lead to immediate legal challenges, congressional intervention, and possible criminal liability for those involved.
It's only matter of time until one of these clowns starts "accidentally" touching data like the 2020 census individual response data.
To me, that's the red line: If they can touch that and suffer no consequence, then there is no law or process can exist to ensure accountability of the government.
https://www.census.gov/about/history/bureau-history/agency-h...
https://www.brennancenter.org/our-work/analysis-opinion/how-...