The lawsuit is timed to coincide with Trump’s inauguration, ensuring that it will kick off the new administration with a legal battle centered on one of its most high-profile and controversial initiatives. DOGE, formed shortly after Trump’s victory, has been tasked with identifying government regulations and spending programs to cut, but its operations—largely conducted in secrecy and without clear accountability—have drawn scrutiny.
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Why is DOGE under fire?
Just minutes after US President-elect Donald Trump’s inauguration, National Security Counselors filed a 30-page lawsuit alleging DOGE’s clandestine operations flout the Federal Advisory Committee Act (FACA). The 1972 law mandates advisory groups maintain balance, keep meeting records, and—brace yourself—let the public in on their chats. Apparently, none of these things made it onto DOGE’s to-do list.
Musk, who has been running DOGE out of SpaceX’s Washington offices, has recruited a team that reportedly communicates via encrypted apps like Signal. Critics argue that DOGE, a brainchild of Musk and biotech entrepreneur Vivek Ramaswamy, operates more like a shadow cabinet than a government reform committee.Trump appointed Musk, along with biotech entrepreneur Vivek Ramaswamy, to spearhead DOGE’s mission of pinpointing government regulatory inefficiencies for the White House to cut.ALSO READ: Trump 2.0: From Kash Patel to Tulsi Gabbard, who gets what? Full list of US President-elect’s cabinet picks and other top posts
What does the lawsuit allege?
The lawsuit reportedly alleges that DOGE is stacked with Silicon Valley heavyweights like Marc Andreessen and Antonio Gracias, with zero representation from actual federal employees. “Not a single member of DOGE represents the interests of government workers,” the suit states.
Adding to the drama, two hopefuls applied to join DOGE only to be ghosted, according to the complaint. One applicant, attorney Joshua Erlich, cheekily stated his intention to represent government workers—a perspective Musk and team apparently didn’t find efficient.
While Musk is yet to comment, his disdain for “lawfare” is well-documented. He’s previously argued that legal challenges like this are just tactics to undermine him. Supporters of DOGE, like economist Sam Hammond, argue that the group isn’t even an official federal advisory committee. “DOGE is a branding exercise,” Hammond said. “And frankly, DOGE doesn’t really exist.”
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“DOGE is not exempted from FACA’s requirements […] “All meetings of DOGE, including those conducted through an electronic medium, must be open to the public,” the lawsuit states.
What is DOGE?
At the helm of DOGE are Elon Musk and Vivek Ramaswamy, two prominent figures in the tech and business world who have been vocal advocates for reducing government red tape. The group has already assembled a team of staffers and is operating out of SpaceX’s Washington offices, with members reportedly using encrypted apps like Signal to communicate. Trump appointed Mush and Vivek Ramaswamy to lead the agency and improve governmental efficiency.
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Ramaswamy is known for his pro-cryptocurrency stance. In November 2023, he called for mass deregulation of cryptocurrency in his presidential campaign. He dropped out of the presidential race in January 2024. The new agency aims to “slash excess regulations, cut wasteful expenditures, and restructure the Federal Agencies,” according to the Nov. 12 announcement.
DOGE’s work is set to conclude on July 4, 2026, in a “smaller government with more efficiency and less bureaucracy.” A new plan is set to be issued on the 250th anniversary of the Declaration of Independence in the US.
