January 20 is a big day for the United States, with Donald Trump returning to office as the 47th President of the United States. Joe Biden is out, and with Trump itching to get his feet back under the table, he's reported to be signing up to 200 executive orders on his first day.
Mark Zuckerberg, Jake Paul, Jeff Bezos, and more celebrity names are all in attendance, with the tech world uniting under the 'Make America Great Again' banner. After becoming something of a right-hand man for Trump, Elon Musk will be there by his side.
Unfortunately for the world's richest man, there are reports that he could be sued within minutes of Trump being sworn in.
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As reported by The Washington Post, a lawsuit claiming that the newly formed Department of Government Efficiency violates federal transparency rules is due to be filed moments after Trump's inauguration.
The 30-page complaint has been obtained by the outlet, with public interest law firm National Security Counselors saying that the DOGE breaks a 1972 rule stating that advisory committees have to follow certain transparency protocols.
Musk and co-hear Vivek Ramaswamy are tasked with cutting $2 trillion from government spending, although the tech billionaire has admitted it might not be possible. DOGE is set to send emissaries to various U.S. agencies and recommend areas where spending can be cut. There are already questions about transparency, especially with DOGE employees communicating on the Signal encrypted messaging app.
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The lawsuit claims that the DOGE should be considered a 'federal advisory committee, and with that, it's a legal entity that needs to be regulated to ensure it gives balanced advice.
These FACAs have to be 'fairly balanced', keep minutes of meetings, allow members of the public to attend, and file a charter with Congress.
The lawsuit states "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."
It's written by Kel McClanahan, executive director of National Security Counselors.
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The Washington Post speculates that Musk will push back on the lawsuit, due to disdain for 'lawfare'.
Sam Hammond is a senior economist at the Foundation for American Innovation who thinks Donald Trump won't treat the DOGE as FACA: "DOGE isn’t a federal advisory committee because DOGE doesn’t really exist. DOGE is a branding exercise, a shorthand for Trump’s government reform efforts."
"The president is allowed to take advice from external experts without creating a formal advisory committee."
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In 1993, then-First Lady Hillary Clinton was accused of breaking FACA by leading a study into health-care reform. Although critics said she shouldn't be considered an official member of the government, the U.S. Court of Appeals ruled in her favor.
Among the plaintiffs is Joshua Erlich, a man who owns an employment law firm that is known for representing federal employees. Erlich also applied to join DOGE, saying that the body "does not currently have an individual who will speak on behalf of government workers and their interests." His application was unsuccessful.
The lawsuit names 17 people who are affiliated with DOGE, writing: "Not a single member of DOGE is a federal employee or represents the perspective of federal employees."
Speaking to The Post, McClanahan explained: "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. If DOGE turns around and complies with FACA, the case is over."