A complaint is set to be filed against President-elect Donald Trump’s Department of Government Performance just days after he is sworn into office.
National Security Counselors, the common interest legislation organization behind the lawsuit, did say that the DOGE is failing to adhere to specific hiring practices — it has already hired dozens of employees— and various rules of disclosure.
“DOGE is not exempted from FACA’s requirements, ” National Security Counselors Executive Director Kel McClanahan wrote. “All sessions of DOGE, including those conducted through an electronic method, had been open to the public. ”
The lawsuit was filed on behalf of Jerald Lentini, a local elected official in Connecticut and an attorney for National Security Counselors, and Joshua Erlich, who owns an employment law organization that routinely represents national staff. Both of them sent programs to visit the DOGE, stating they were applying because the DOGE “does not already have an individual who will speak on behalf of state employees and their passions, ” according to the lawsuit. Their programs were disregarded.
“Not a single part of DOGE is a federal employee or represents the perception of national staff, ” according to the complaint.
The lawsuit seeks to bar Musk, his co-leader Vivek Ramaswamy, and “all of DOGE’s subunits ” from engaging in an official capacity until they comply with the FACA.
“We’re not trying to say DOGE can’t exist, ” McClanahan said in a statement to the Washington Post. “Advisory boards like DOGE have been around for decades. We’re only saying that DOGE can’t occur without following the law. If DOGE turns round and complies with FACA, the case is around. ”
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However, Sam Hammond, senior economist at the Foundation for American Innovation , said the DOGE is free from FACA needs because it is only working within the senior tree and White House, which do not have to adopt FACA needs.
“DOGE is n’t a federal advisory committee because DOGE does n’t really exist, ” Hammond said. “DOGE is a brand training, a notation for Trump’s state reform efforts. ”