A lawsuit targeting Elon Musk's "Department of Government Efficiency" (DOGE), a group advising President-elect Donald Trump, will be filed shortly after Trump's inauguration. The lawsuit, filed by the National Security Counselors, claims DOGE violates the Federal Advisory Committee Act (FACA) of 1972, which mandates transparency and balanced representation in government advisory groups.
The complaint alleges DOGE fails to meet FACA requirements, including fair representation, public meeting access, and proper record-keeping. The lawsuit argues that DOGE's lack of compliance renders any reports produced invalid and that the White House should not implement its recommendations.
Supporters of DOGE argue that it operates primarily within the executive branch and White House, exempting it from FACA. They also suggest DOGE is more of a branding exercise than a formal advisory committee. Elon Musk has not yet responded to requests for comment.
The article references past controversies surrounding FACA, highlighting court cases involving the American Bar Association, Hillary Clinton's healthcare commission, and the Natural Resources Defense Council. These cases illustrate the ongoing tension between transparency requirements and the practical needs of the White House.
The lawsuit's primary plaintiffs include Jerald Lentini and Joshua Erlich, individuals who applied to join DOGE but were ignored. The lawsuit seeks to declare DOGE's reports invalid, prohibit further activities until FACA compliance, and prevent the White House from using its recommendations. The plaintiffs emphasize that their goal is not to prevent DOGE's existence, but to ensure its compliance with existing laws.