The public interest law firm National Security Counselors says it will file a lawsuit in federal court challenging the “Department of Government Efficiency,” a nongovernmental entity spearheaded by President-elect Donald Trump to help advise on cuts to government spending and regulation, within minutes of Trump’s swearing in, according to The Washington Post.
The complaint alleges that the Department of Government Efficiency (DOGE) meets the requirements to be considered a “federal advisory committee” — groups that are known as FACAs — and therefore must follow regulations outlined in a 1972 law governing how FACAs operate. FACAs must, for example, file a charter with Congress, keep regular minutes of meetings, and ensure meetings are open to the public. DOGE doesn’t appear to have taken those steps, according to the Post.
The watchdog group Public Citizen has also criticized DOGE for failing to adhere to FACA requirements, which stipulate that “membership of the advisory committee [must] be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee.” To help remedy this, the co-presidents of Public Citizen — Lisa Gilbert and Robert Weissman — last week requested that the Trump transition team co-chairs appoint them to serve on DOGE.
“As things stand, DOGE’s membership falls far short of satisfying FACA’s fair-balance requirement,” the two wrote. They also point out that the duo tapped to lead DOGE, billionaire and GOP megadonor Elon Musk and tech entrepreneur Vivek Ramaswamy, both stand to potentially benefit financially from lessened federal regulation. CBS News reported Sunday that Ramaswamy is expected to depart DOGE and announce a bid for Ohio governor.
Kel McClanahan, the executive director of National Security Counselors who authored the lawsuit, told the Post that “we’re not trying to say DOGE can’t exist. Advisory committees like DOGE have been around for decades. We’re just saying that DOGE can’t exist without following the law.”
Another source the Post spoke with, Sam Hammond of the Foundation for American Innovation — who has been a fan of DOGE’s efforts — told the paper that until Trump actually treats DOGE as a FACA, it doesn’t need to follow FACA reporting rules. “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,” he said.
But early January reporting from the Post indicates that DOGE is more than just a branding exercise. Citing anonymous sources, the outlet reported that aides with DOGE have spoken to staffers at more than a dozen federal agencies to “begin preliminary interviews that will shape the tech executives’ enormous ambitions to tame Washington’s sprawling bureaucracy.” There has also been a hiring sprint. DOGE is aiming to have nearly 100 staff in place by Trump’s inauguration, according to the paper.
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