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Elon Musk’s DOGE accused of violating federal transparency law

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As President-elect Donald Trump prepares to take the oath of office on Monday, Jan. 20, a legal battle is brewing around one of his initiatives. A public interest legal firm, National Security Counselors, will file a lawsuit against the Department of Government Efficiency, also known as DOGE.

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The law firm has accused DOGE of violating federal transparency laws, according to The Washington Post. DOGE is co-led by Tesla and X owner Elon Musk and entrepreneur Vivek Ramaswamy.

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What law is DOGE accused of breaking?

In a complaint obtained by the Post, the firm said the DOGE panel is breaking a 1972 law that requires advisory committees to the executive branch to follow certain rules on practices including disclosure and hiring. 

Soon after the election, Trump picked Musk and Ramaswamy to lead DOGE. The department will identify government regulations and spending programs for the White House to cut.

Multiple reports state Ramaswamy is expected to step away from the task force and announce a campaign for Ohio governor as soon as the end of this month.

Ramaswamy hasn’t commented on the report. 

The DOGE group has already hired dozens of employees who are working out of Musk’s SpaceX offices in Washington, D.C. 

The lawsuit claims DOGE does not meet the requirements of a Federal Advisory Committee. That designation is a class of legal structure regulated to ensure the government receives transparent and balanced advice. 

These groups, also called FACAs are legally mandated to have “fairly balanced” representation, keep regular minutes of meetings, allow the public to attend and file a charter with Congress, which are all actions the lawsuit said DOGE hasn’t taken. 

Did Musk respond?

Musk has yet to respond to the planned lawsuit. However, he has been outspoken in the past about what he calls “lawfare.” Musk has described lawsuits designed to disrupt his companies or initiatives as politically motivated.

Supporters of DOGE, including economist Sam Hammond, told the Post, that DOGE is not a formal advisory committee but rather a strategic effort by Trump to streamline government operations. 

Critics of FACA regulations say they impose restrictive requirements that are too broad. 

What about other FACA cases?

In 1993, then-First Lady Hillary Clinton was accused of violating FACA regulations through her leadership of a commission chosen by President Bill Clinton to study health care reform. The accusations claimed she wasn’t an official member of the government.

The U.S. Court of Appeals ruled in her favor, exempting her.

According to the Post, the DOGE lawsuit mentions there are zero federal employees in the department or anyone who represents the perspective of federal employees. 

It also states the White House should be barred from implementing DOGE’s recommendations.

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[Craig]

AS PRESIDENT TRUMP TAKES THE OATH OF OFFICE … A LEGAL BATTLE IS BREWING AROUND ONE OF HIS INITIATIVES – THE DEPARTMENT OF GOVERNMENT EFFICIENCY – CO-LED BY ELON MUSK.

MOMENTS AFTER TRUMP’S SWEARING IN, MONDAY … PUBLIC INTEREST LAW FIRM “NATIONAL SECURITY COUNSELORS” WILL FILE A LAWSUIT ACCUSING THE DEPARTMENT … KNOWN AS “DOGE” OF VIOLATING FEDERAL TRANSPARENCY LAWS … ACCORDING TO THE WASHINGTON POST. 

IN A COMPLAINT OBTAINED BY THE POST … THE FIRM SAYS THE DOGE PANEL IS BREAKING A 19-72 LAW THAT REQUIRES ADVISORY COMMITTEES TO THE EXECUTIVE BRANCH TO FOLLOW CERTAIN RULES ON PRACTICES INCLUDING DISCLOSURE AND HIRING. 

SOON AFTER THE ELECTION, TRUMP PICKED MUSK AND VIVEK RAMASWAMY TO LEAD DOGE IN AN EFFORT TO IDENTIFY GOVERNMENT REGULATIONS AND SPENDING PROGRAMS FOR THE WHITE HOUSE TO CUT.

MULTIPLE  REPORTS NOW SAY RAMASWAMY IS EXPECTED TO STEP AWAY FROM THE TASK FORCE AND ANNOUNCE A CAMPAIGN FOR OHIO GOVERNOR AS SOON AS THE END OF THIS MONTH.

RAMASWAMY HASN’T COMMENTED ON THE REPORT. 

THE DOGE GROUP HAS ALREADY HIRED DOZENS OF EMPLOYEES WHO ARE WORKING OUT OF MUSK’S SPACE-X OFFICES IN WASHINGTON. 

THE LAWSUIT CLAIMS DOGE DOES NOT MEET THE REQUIREMENTS OF A “FEDERAL ADVISORY COMMITTEE” – A CLASS OF LEGAL STRUCTURE REGULATED TO ENSURE THE GOVERNMENT RECEIVES TRANSPARENT AND BALANCED ADVICE. 

THESE GROUPS … ALSO CALLED “FACAS” ARE LEGALLY MANDATED TO HAVE “FAIRLY BALANCED” REPRESENTATION, KEEP REGULAR MINUTES OF MEETINGS, ALLOW THE PUBLIC TO ATTEND AND FILE A CHARTER WITH CONGRESS – ALL ACTIONS THE LAWSUIT SAYS DOGE HASN’T TAKEN. 

MUSK HAS YET TO RESPOND TO THE PLANNED LAWSUIT, BUT HAS BEEN OUTSPOKEN IN THE PAST ABOUT WHAT HE CALLS “LAWFARE” … AND DESCRIBES LAWSUITS DESIGNED TO DISRUPT HIS COMPANIES OR INITIATIVES AS POLITICALLY MOTIVATED.

SUPPORTERS OF DOGE … INCLUDING ECONOMIST SAM HAMMOND TOLD THE POST DOGE IS NOT A FORMAL ADVISORY COMMITTEE BUT RATHER A STRATEGIC EFFORT BY TRUMP TO STREAMLINE GOVERNMENT OPERATIONS. 

CRITICS OF FACA REGULATIONS SAY THEY IMPOSE RESTRICTIVE REQUIREMENTS THAT ARE TOO BROAD. 

VO:

IN 19-93, THEN-FIRST LADY HILLARY CLINTON WAS ACCUSED OF VIOLATING FACA REGULATIONS THROUGH HER LEADERSHIP OF A COMMISSION CHOSEN BY PRESIDENT BILL CLINTON TO STUDY HEALTH-CARE REFORM … SAYING SHE WASN’T AN OFFICIAL MEMBER OF THE GOVERNMENT. 

THE U-S COURT OF APPEALS RULED IN HER FAVOR, GIVING HER AN EXEMPTION.

ACCORDING TO THE POST, THE DOGE LAWSUIT MENTIONS THERE ARE 

ZERO FEDERAL EMPLOYEES IN THE DEPARTMENT OR ANYONE WHO REPRESENTS THE PERSPECTIVE OF FEDERAL EMPLOYEES. 

IT ALSO STATES THE WHITE HOUSE SHOULD BE BARRED FROM IMPLEMENTING DOGE’S RECOMMENDATIONS. 

FOR SAN – I’M CRAIG NIGRELLI … FOR ALL YOUR LATEST NEWS HEADLINES – DOWNLOAD THE STRAIGHT ARROW NEWS APP TODAY.