A major decision made by Elon Musk is sending shockwaves through both the tech world and the United States government.
The CEO of Tesla (TSLA) and SpaceX has been fully focused since he began his new position as the head of the newly minted Department of Government Efficiency (DOGE). So far, the agency has focused on eliminating what it deems “wasteful spending” through measures such as shutting down the humanitarian organization the United States Agency for International Development (USAID).
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But according to reports, Musk and his team at DOGE have been making other changes, including one that could significantly impact the ways in which government agencies are held accountable.
Some leaked department information has revealed that Musk has made a decision for his team that is pushing them toward a significant change, one that could have significant repercussions if it continues.
Behind the doors of DOGE, big things are happening
Since the newly formed DOGE began functioning as a government agency, many people have questioned ifwhat they are doing is legal.
So far, the answer seems to be no, as Musk’s new department has been sued multiple times already. Reports indicate that Musk’s DOGE operatives have attempted to take over entire IT systems of other government agencies, allegedly “ignoring decades of laws, regulations and procedures.”
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But according to independent media outlet 404, the team behind DOGE has been told to stop sending messages to each other via Slack, a digital messaging service owned by Salesforce (CRM) , that is often utilized in workspaces. In a report published on February 5, the outlet provides the following leaked message:
“Good morning, everyone! As a reminder, please refrain from using Slack at the moment while our various general counsels figure out the best way to handle the records migration to our new EOP [Executive Office of the President] component.”
A further message adds that the U.S. Digital Service, the department that became DOGE, will be separating from the Office of Management and Budget (OMB), part of the President’s executive branch. It states that due to the upcoming split, the OMB had asked DOGE to “stop generating new slack messages starting now.”
Why would Musk opt for this? It seems that DOGE is trying to ensure that its future communications won’t be subject to the Freedom of Information Act (FOIA), a law that allows anyone to request access to any federal agency records.
If DOGE is no longer under OMB, the records it creates will not be subject to FOIA, which raises some red flags for experts.
“By moving to a non-FOIA-compliant system, DOGE could be setting itself up for a situation in which the public has a hard time seeing what it’s up to,” states Neal K. Shah, CEO of CareYaya. “This all fits with the aggressive efforts Musk is making to “reform” government agencies, which often leads to strained relationships between those agencies and the federal government.”
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It’s true that DOGE would be a Presidential Records Act entity if it proceeds with the plan to split from the OMB. But that would mean that its records would not be subject to the FOIA until years after President Trump has left office.
According to 404, federal records experts have been voicing concerns about something of that nature happening since Trump issued an executive order creating DOGE in a way that could shield Musk from public scrutiny and likely, from accountability.
Will the Department of Government Efficiency run more efficiently?
Taking these steps to ensure that DOGE is shielded from having to publicly disclose its records under the FOIA will likely provide Musk and his team with some latitude for now. However, one expert predicts that this may not be the most strategic course of action.
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Jeff Le, a Principal at 100 Mile Strategies, shared his insights from serving as Deputy Cabinet Secretary to former California Governor Jerry Brown, stating:
“In my experience handling sensitive issues for the Governor, I found that phone calls and other methods of communication were utilized far more than anything in writing which could face more scrutiny in a lawsuit. For the DOGE team, the challenge is how they can coordinate in the meantime given their touches to many agencies.”
There’s also the possibility that DOGE’s decision to shield itself from having to comply with FOIA guidelines could further severely impact how the public sees it, although that may not matter to Musk or its other leaders.
Shah notes that it also may draw the ire of watchdog and interest groups, which might trigger the type of pushback that could hinder DOGE’s progress. As he sees it, decisions like this are part of what has made Musk such a controversial leader.
“He has, for example, tried to obtain classified information from other agencies and has tried to obtain personnel files from other agencies,” Shah states. “Under Musk’s leadership, the amount of opacity at DOGE has increased significantly, with the agency now under the eye of several watchdog organizations and some members of Congress.”
Federal employment attorney Justin Schnitzer also spoke to TheStreet, noting some concerns.
“The shift demands extensive modifications to internal processes and documentation procedures. Employees must quickly master new protocols while maintaining their regular duties, yet the agency hasn’t provided clear guidance about protecting worker rights during this period,” he states.
As Schnitzer sees it, the lack of clarity displayed by this decision could put both workers and supervisors at risk if disputes arise in the future.
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