Lawsuits Challenge Trump's New Department of Government Efficiency

President Donald Trump's new administration is already facing legal challenges just hours after he took office for a second term, with at least four lawsuits filed regarding the Department of Government Efficiency, commonly referred to as DOGE. Announced shortly after the election, DOGE aims to reduce federal expenditure by implementing budget cuts and workforce reductions, with tech mogul Elon Musk slated to lead the initiative following a leadership change from Vivek Ramaswamy.

The lawsuits, which were lodged as Trump was officially sworn in, argue that DOGE functions more like an advisory committee rather than an established government department, thereby breaching the Federal Advisory Committee Act (FACA). FACA mandates that federal advisory bodies adhere to specific guidelines concerning hiring practices and ensure accessibility to the public, including open meetings and proper documentation of proceedings. The plaintiffs contend that DOGE fails to comply with these transparency requirements.

One key lawsuit from the public interest law firm National Security Counselors asserts that DOGE members are not exempt from the stipulations outlined in FACA and that all committee meetings must include public access, even if conducted electronically. Despite Trump's previous classification of DOGE as an advisory board, reports suggest he might sign an executive order to designate it as a government entity, potentially altering its legal standing.

Legal experts anticipate that if Trump follows through with this order, it could necessitate transforming DOGE members into formal government employees, who would then be subject to a variety of regulations not currently applicable to them. The National Security Counselors' filing indicates that DOGE has already onboarded at least 17 individuals, including technology leaders and past associates of Trump and Musk, raising concerns about the fairness and representativeness of its membership.

Complementary lawsuits from organizations such as Public Citizen and the American Federation of Government Employees echo these concerns, highlighting the perceived lack of diverse viewpoints within DOGE and the secrecy surrounding its operations. Furthermore, a lawsuit from Democracy Forward and other civic groups emphasizes the absence of accountability measures and the undemocratic nature of DOGE, which is primarily directed by wealthy individuals lacking electoral legitimacy.

Lastly, the Center for Biological Diversity has also joined the legal fray, though their focus diverges from the transparency laws, seeking public records detailing interactions between DOGE representatives and the White House since the transition began in November. The Trump administration has yet to issue a response to these legal challenges.