A legal battle is brewing over Elon Musk’s Department of Government Efficiency, aka DOGE.
According to the Washington Post, the National Security Counselors, a public interest law firm, is preparing to file a lawsuit claiming that DOGE violates federal transparency laws.
It alleges that the group disregards a 1972 law requiring certain advisory committees to follow specific disclosure and hiring practices. Per the report, the lawsuit could become official as soon as Trump takes office today.
DOGE’s Structure Under Scrutiny
Notably, DOGE is led by Musk and Vivek Ramaswamy, aiming to cut government regulations and spending programs. The group has hired staff and operates outside SpaceX’s Washington offices. Despite its high-profile leadership, the panel is not a formal government entity.
The incoming complaint asserts that DOGE should be considered a “federal advisory committee” (FACA), subject to strict regulations regarding public meetings, transparency, and balanced representation.
The FACA law requires advisory groups to file charters with Congress, allow public access to meetings, and maintain detailed records of discussions. According to the complaint, DOGE has failed to comply with these essential rules.
These actions, the plaintiffs argue, breach the FACA law. The National Security Counselors assert that DOGE’s operations must be transparent. They argue this is necessary to ensure that the advice it provides to the executive branch is subject to public scrutiny and regulatory oversight.
Supporters of DOGE Argue Against FACA
Meanwhile, DOGE supporters, including Sam Hammond from the Foundation for American Innovation, have reacted to the FACA arguments. Hammond contends that the group does not qualify as a formal advisory committee.
He further argues that the president has the right to seek advice from external experts without triggering FACA requirements.
He asserts that DOGE aims to implement reform ideas within the White House, which would exempt it from FACA regulations. However, the incoming lawsuit maintains that the lack of formal processes and transparency around DOGE raises serious legal concerns.
Meanwhile, the courts have long wrestled with balancing the need for transparency against the practical needs of the executive branch. While some private groups have been exempted from FACA’s reach, the current lawsuit suggests that DOGE’s role in advising the president on regulatory matters requires compliance with federal law.
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