Jan. 20 (UPI) — As newly inaugurated President Donald Trump realized the Elon Musk-led Department of Government Efficiency with an executive order on Monday, it came under attack by a handful of lawsuits alleging the agency was in violation of the Federal Advisory Committee Act.
The department, known by the Acronym DOGE, was long promised by Trump during his campaign to advise the Office of Management and Budget and the White House to cut regulations and spending.
Despite its name, DOGE is not a federal department, which would need congressional approval for its establishment, and is a Temporary Organization that is to terminated on July 4, 2026, according to the executive order.
Three of the four lawsuits filed on Monday accuse DOGE of violating FACA, which establishes protections to prevent advisory committees from being inaccessible to the public and biased or partial.
The lawsuits allege that DOGE is neither accessible nor objective and is run by billionaires who seek to benefit from the influence and access they will have to the federal government.
DOGE is “a shadow operation,” one the lawsuits, filed by Citizens for Responsibility and Ethics in Washington on behalf of several advocacy groups, states. It adds that despite its conflicts of interest, DOGE is expected to dictate federal policy that will affect millions.
“DOGE’s unchecked secrecy, access and private influence — bought by political loyalty — is anathema to efficient, effective government,” the CREW lawsuit states.
“Indeed, any federally endorsed, but fundamentally private advisory effort to shape how our government serves the American people must comply with federal transparency laws, including FACA.”
The lawsuit continues that Trump and his administration have taken “none of the required steps” necessary to establish DOGE.
The lawsuits also point at its membership as being in violation of the 1972 act, it does not reflect the views of the America.
“DOGE excludes the perspectives of people with the greatest stake in the services and programs it will recommend eliminating,” the CREW lawsuit states. “Instead, its advice and recommendations will reflect only the perspectives of industry titans, who have made clear their desire to be free from the regulations they propose to slash.”
The lawsuit filed by Public Citizen, the State Democracy Defenders Fund and the American Federation of Government Employees also adds that Trump has not acknowledged that DOGE is an advisory committee, subject to FACA.
It also states that FACA prohibits advisory committees from meeting or taking any action until a charge has been filed that specifies the nature of its work and duties and the federal official responsible for its work.
“DOGE’s operations during the transition period were shrouded in secrecy,” the second lawsuit states.
“Operating without complying with FACA, DOGE has already begun developing recommendations and influencing decision-making in the new administration, even though its membership lacks the fair balance required by FACA and its meetings and records are not open to public inspection in real time.”
The third lawsuit alleging DOGE was violating FACA was filed by the National Security Counselors.
The litigation seeks a declaration that the creation and administration of DOGE violate the law, prevent the federal government from taking any of its recommendations and force it to comply with FACA.
“This is not about cutting redundant staff; this is about billionaires gutting important programs that American citizens across the country rely on every single day without adequate transparency or accountability,” Norm Eisen, co-founder and executive chair of the State Democracy Defenders Fund, said in a statement.
“We are a country where everyone is beholden to the rule of law.”
The fourth lawsuit was filed by the Center for Biological Diversity, and seeks public records concerning DOGE’s interactions with the White House amid the transition period.
During Trump’s campaign, Musk, the CEO of Tesla and SpaceX, said DOGE would work to cut $2 trillion from the budget — a claim he walked back after the election.
