Elon Musk and Vivek Ramaswamy’s ‘the Department of Government Efficiency (DOGE), a program reportedly designed to slash bureaucracy and eliminate unnecessary government regulations, is under scrutiny for alleged violations of federal transparency laws.
Within minutes of Donald Trump being sworn in as the 47th President of the United States, a 30-page lawsuit challenging the legality of DOGE would be presented to federal court.
This would probably mark the beginning of a high-profile legal battle that would arguably overshadow much of the opening days of Donald Trump’s administration.
The public interest law firm National Security Counselors filed this lawsuit, which claims that DOGE infringes the FACA of 1972. The FACA requires that federal advisory committees balance their constituents and maintain explicit records of their dealings. According to the critics, DOGE violated these requirements by holding its activities in secret and excluding diverse views while failing to note its proceedings.
This was reported to contain Silicon Valley elite, with heavyweight investors like Shaun Maguire, and Marc Andreessen, even though the plan has been ridiculed for offering no government-employee representation as well as without labor organization interests on board. In fact, there is “no single member of DOGE represented the interest of government workers” according to its lawsuit.
To further fuel the controversy, the DOGE team apparently works out of SpaceX’s offices in Washington, D.C. and communicates using the encrypted messaging app Signal, which raises questions about transparency and accountability.
DOGE’s Mission and Leadership
Elon Musk and Ramaswamy were selected by Trump, who set up the DOGE program shortly after winning in 2024, aiming to end the inefficiencies in the federal government through redundant regulations, unnecessary spending cuts, and changes in agencies. Ramaswamy took early leave of his position due to friction with Musk and even reportedly considering a gubernatorial run in Ohio.
Biotech entrepreneur and deregulation advocate Ramaswamy has reportedly had a falling out with Musk over the direction of the program. According to CBS News, Musk privately complained about Ramaswamy’s lack of engagement, which led to his expected departure.
Despite the internal tensions, Musk has remained firm in defending DOGE, calling legal challenges “lawfare” tactics to disrupt his efforts.
A Shadow Cabinet or Advisory Group?
A main concern of the case is whether DOGE constitutes a federal advisory committee under FACA. Critics charge that DOGE acts like a shadow cabinet subservient to Musk with very little oversight from the public. Proponents counter that DOGE is not an advisory committee at all, but rather “a branding exercise for more far-reaching governmental reform efforts.”.
“DOGE isn’t a federal advisory committee because DOGE doesn’t really exist,” said Sam Hammond, a senior economist at the Foundation for American Innovation, in a statement to The Washington Post.
He reasoned that the loosely organized nature and informal incorporation of the group mean the group is automatically exempt from complying with the dictates of FACA.
It does not help that DOGE’s activities are shrouded in mystery. Staffers of the program are reportedly “special government employees” serving on six-month stints and going unpaid. However, its closed-door meetings and decisions have set off alarm bells for transparency advocates.
The lawsuit points out that all advisory committees, whether they are informal, are still required to follow FACA’s provisions for openness. “All meetings of DOGE, including those conducted through an electronic medium, must be open to the public,” the complaint said.
DOGE will complete its work on July 4, 2026, the 250th anniversary of the Declaration of Independence. According to the leaders of the program, the ultimate intent is “a smaller government with more efficiency and less bureaucracy.”
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