A lawsuit claiming billionaire Elon Musk’s “Department of Government Efficiency” violates federal transparency rules will be filed within minutes of President-elect Donald Trump’s inauguration Monday, kicking off a legal battle over a key aspect of the incoming administration’s agenda.
In a 30-page complaint obtained by The Washington Post ahead of its filing, the public interest law firm National Security Counselors says that the nongovernmental DOGE panel is breaking a 1972 law that requires advisory committees to the executive branch to follow certain rules on disclosure, hiring and other practices.
Shortly after the election, Trump tapped Musk and biotech entrepreneur Vivek Ramaswamy to lead DOGE in identifying government regulations and spending programs for the White House to cut. The group has already hired dozens of staffers as it works out of the Washington offices of Musk’s company SpaceX, sending emissaries across U.S. agencies to put together a list of recommendations to execute in tandem with the administration and often communicating on the encrypted messaging app Signal.
The lawsuit alleges that DOGE meets the requirements to be considered a “federal advisory committee,” a class of legal entity regulated to ensure the government receives transparent and balanced advice. These groups, known as FACAs, are required by law to have “fairly balanced” representation, keep regular minutes of meetings, allow the public to attend, file a charter with Congress and more — all steps that DOGE does not appear to have taken.
“DOGE is not exempted from FACA’s requirements,” states the lawsuit, written by Kel McClanahan, executive director of National Security Counselors. “All meetings of DOGE, including those conducted through an electronic medium, must be open to the public.”
Musk did not respond to a request for comment.
But the crusaders for small government are likely to resist the effort to force DOGE to comply with requirements for federal advisory groups. Musk routinely criticizes the concept of “lawfare” on social media, saying his opponents use obscure or technical legal claims in an attempt to delegitimize him or stop his companies for political reasons. He has argued that a surge in U.S. spending and regulations is throttling the economy, which he and Ramaswamy say represents an existential threat to the nation.
Sam Hammond, senior economist at the Foundation for American Innovation, who has been supportive of DOGE’s efforts, said the initiative will primarily implement ideas within the executive branch and White House, which he said would exempt it from FACA requirements. If Trump does treat DOGE as a FACA, then it should follow the required reporting rules. But for now, he said, “DOGE isn’t a federal advisory committee because DOGE doesn’t really exist. DOGE is a branding exercise, a shorthand for Trump’s government reform efforts.”
Hammond added: “The president is allowed to take advice from external experts without creating a formal advisory committee.”
FACA requirements have proven controversial at times, as some critics have argued they impose overly broad and restrictive requirements on private citizens who try to improve the federal government.
The courts have long tried to balance a desire for transparency with the practical needs of the White House and limits on the speech of private groups. In 1989, for instance, the Supreme Court dismissed an attempt by a public interest group to require the American Bar Association to meet FACA guidelines because the president consulted that group on judicial nominations.
“Although its reach is extensive, we cannot believe that [FACA] was intended to cover every formal and informal consultation between the President or an Executive agency and a group rendering advice,” the court wrote at the time.
iowa.forums.rivals.com
In a 30-page complaint obtained by The Washington Post ahead of its filing, the public interest law firm National Security Counselors says that the nongovernmental DOGE panel is breaking a 1972 law that requires advisory committees to the executive branch to follow certain rules on disclosure, hiring and other practices.
Shortly after the election, Trump tapped Musk and biotech entrepreneur Vivek Ramaswamy to lead DOGE in identifying government regulations and spending programs for the White House to cut. The group has already hired dozens of staffers as it works out of the Washington offices of Musk’s company SpaceX, sending emissaries across U.S. agencies to put together a list of recommendations to execute in tandem with the administration and often communicating on the encrypted messaging app Signal.
The lawsuit alleges that DOGE meets the requirements to be considered a “federal advisory committee,” a class of legal entity regulated to ensure the government receives transparent and balanced advice. These groups, known as FACAs, are required by law to have “fairly balanced” representation, keep regular minutes of meetings, allow the public to attend, file a charter with Congress and more — all steps that DOGE does not appear to have taken.
“DOGE is not exempted from FACA’s requirements,” states the lawsuit, written by Kel McClanahan, executive director of National Security Counselors. “All meetings of DOGE, including those conducted through an electronic medium, must be open to the public.”
Musk did not respond to a request for comment.
But the crusaders for small government are likely to resist the effort to force DOGE to comply with requirements for federal advisory groups. Musk routinely criticizes the concept of “lawfare” on social media, saying his opponents use obscure or technical legal claims in an attempt to delegitimize him or stop his companies for political reasons. He has argued that a surge in U.S. spending and regulations is throttling the economy, which he and Ramaswamy say represents an existential threat to the nation.
Sam Hammond, senior economist at the Foundation for American Innovation, who has been supportive of DOGE’s efforts, said the initiative will primarily implement ideas within the executive branch and White House, which he said would exempt it from FACA requirements. If Trump does treat DOGE as a FACA, then it should follow the required reporting rules. But for now, he said, “DOGE isn’t a federal advisory committee because DOGE doesn’t really exist. DOGE is a branding exercise, a shorthand for Trump’s government reform efforts.”
Hammond added: “The president is allowed to take advice from external experts without creating a formal advisory committee.”
FACA requirements have proven controversial at times, as some critics have argued they impose overly broad and restrictive requirements on private citizens who try to improve the federal government.
The courts have long tried to balance a desire for transparency with the practical needs of the White House and limits on the speech of private groups. In 1989, for instance, the Supreme Court dismissed an attempt by a public interest group to require the American Bar Association to meet FACA guidelines because the president consulted that group on judicial nominations.
“Although its reach is extensive, we cannot believe that [FACA] was intended to cover every formal and informal consultation between the President or an Executive agency and a group rendering advice,” the court wrote at the time.
Off Topic
This forum is lightly moderated and the opinions herein do not necessarily reflect the views of Hawkeye Beacon.
iowa.forums.rivals.com
