Lawsuit to be launched against DOGE minutes after Trump sworn in: report

The public interest law firm National Security Counselors wrote in a 30-page complaint obtained by the Washington Post that the nongovernmental panel is breaking a law signed in 1972 that requires advisory committees to the executive branch follow specific disclosure and hiring rules, among others. DOGE is considered a "federal advisory committee," the lawsuit alleged, and therefore is required under the Federal Advisory Committee Act (FACA) to have "fairly balanced" representation, keep regular meeting minutes, file a charter with Congress, allow the public to attend, and other actions. The suit alleged that DOGE does not appear to have taken these steps.

"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 stated.

Trump has tapped X owner Elon Musk and biotech entrepreneur Vivek Ramaswamy to lead DOGE, which will work to cut government waste. DOGE has reportedly hired dozens of staffers and is working out of Musk’s SpaceX office in Washington, DC. 17 people were identified in the suit as being affiliated with DOGE, citing reporting from the Washington Post and the New York Times, including tech executives Antonio Gracias, Baris Akis, and Marc Andreessen.

"Not a single member of DOGE is a federal employee or represents the perspective of federal employees," the lawsuit stated.

The lawsuit is requesting that the court find that any report from DOGE "does not reflect the views of a lawfully constituted advisory committee" and bar "all of DOGE’s subunits," including Musk and Ramaswamy, from conducting further business with the group until it complies with FACA. The White House should also be barred from implementing DOGE’s recommendations until it comes into compliance, the lawsuit stated.

"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," Kel McClanahan, executive director of National Security Counselors, told the Post. "If DOGE turns around and complies with FACA, the case is over."