Elon Musk's DOGE faces lawsuit as Donald Trump is inaugurated
08:47 Share

This episode is brought to you by Shopify. Forget the frustration of picking commerce platforms when you switch your business to Shopify, the global commerce platform that supercharges your selling wherever you sell. With Shopify, you'll harness the same intuitive features, trusted apps, and powerful analytics used by the world's leading brands. Sign up today for your $1 per month trial period at shopify.com slash tech, all lowercase. That's shopify.com slash tech.

The NFL playoffs are better with FanDuel because right now new customers can bet $5 and get $300 in bonus bets if you win. That's $300 in bonus bets if you win your first $5 bet. FanDuel, an official sportsbook partner of the NFL.

21 plus and present in select states. First online real money wager only. $5 first deposit required. Bonus issued as non-withdrawable bonus bets which expire 7 days after receipt. Restrictions apply. See terms at sportsbook.fanduel.com. Gambling problem? Call 1-800-GAMBLER.

Hey, everybody. Welcome back to the Elon Musk podcast. This is a show where we discuss the critical crossroads that shape SpaceX, Tesla, X, The Boring Company, and Neuralink. I'm your host, Will Walden. So there's a new controversy surrounding Trump's new Department of Government Efficiency. But why are consumer watchdogs and advocacy groups taking legal action on day one?

And how are Elon Musk and Vivek Ramaswamy involved in this unfolding battle? Just hours after President Donald Trump was sworn into office at the Capitol Rotunda, his newly created DOGE, the Department of Government Efficiency, became the subject of immediate legal scrutiny.

Three lawsuits were filed in Washington, D.C.'s federal district court before the inauguration festivities have even concluded, each challenging the legitimacy of DOGE under the Federal Advisory Committee Act, or FACA. This swift action highlights mounting concerns over transparency, balance, and accountability in the president's cost-cutting initiative, spearheaded by high-profile figures Elon Musk and Vivek Ramaswamy.

Now, the plaintiffs, a diverse coalition of advocacy organizations, argue that DOGE violates FACA, which is a law enacted to ensure advisory committees meet specific transparency standards. Now, these requirements include having balanced membership, public access to meetings, and a designated federal officer to oversee operations.

The lawsuits are seeking an immediate halt to Doge's operations and allege that its current structure disregards federal guidelines. Now, one of the leading lawsuits was filed by National Security Counselors, a public interest law firm. Their case contends that Doge, which is tasked with identifying ways to cut $2 trillion in federal spending, fails to represent a broad spectrum of viewpoints.

They said Doge's stacked membership, far from being fairly balanced, reveals that only one viewpoint is represented, that of small government crusaders with backgrounds in either the tech industry or Republican politics. The lawsuit claims that they have a lack of diversity, according to the plaintiffs, and it renders the committee unfit for its designated purpose.

The other lawsuits were filed by organizations including Public Citizen, the American Public Health Association, and a coalition of unions such as the American Federation of Government Employees and the American Federation of Teachers. Now, these groups are seeking to block Doge's activities.

until it complies with FACA regulations. The plaintiffs also include left-leaning watchdog groups like Citizens for Responsibility and Ethics in Washington, or CRU, and progressive veterans advocacy group Vote Vets Action Fund, signaling broad concern across different sectors.

Adding to the legal challenges is a fourth lawsuit found by the Center for Biological Diversity. This case specifically seeks access to public records documenting Doge's activities and its interactions with the Trump administration during the transition period. The group argues that the lack of transparency surrounding Doge's formation raises red flags about its motives and decision-making processes. At the center of the controversy are Musk and Ramaswamy.

appointed co-heads of Doge by President Trump, and the pair have outlined aggressive plans to slash $500 billion annually in government expenditures.

While Ramaswamy, which is a biotech entrepreneur and vocal prominent of small government, has announced intentions to run for Ohio governor later this year, Musk's involvement stems from his reputation as an innovator in the tech and space sectors. Critics, however, argue that neither individual has the necessary experience or understanding of federal operations to make informed recommendations on government efficiency.

A central allegation in the lawsuits is Doge's failure to include federal employees or individuals with experience in government operations in its membership. The plaintiffs claim that Doge has largely appointed individuals connected to the Trump campaign, Musk or Ramaswamy, and lacks representation from key stakeholders such as government employees or unions.

They said not a single member of DOGE is a federal employee or represents the perspective of federal employees, despite the evidence that DOGE intends to provide recommendations regarding federal employment practices and ways to reduce the size of the federal workforce.

Now, Kel McClanahan, executive director of National Security Counselors, expressed concerns about DOJA's potential shortcomings. They said government work is not corporate work and any recommendations made without that perspectives are doomed to fail. He emphasized the risks of eliminating government jobs without a thorough understanding of their functions and consequences, warning that ill-informed cost-cutting measures could harm public services.

The lawsuits also highlight concerns over lack of transparency in Doge. According to the filings, Musk and Ram Swami have reportedly held private meetings with elected officials and tech executives in direct violation of FACA's mandate that advisory committee meetings be open to the public. And critics argue that such secrecy undermines public trust and raises questions about the motivations behind Doge's proposals.

Now, adding a proposal for personal dimension to the lawsuits, two plaintiffs involved in the legal actions, Gerald Lentini and Joshua Ehrlich, applied for positions within DOJ but never received a response. Lentini, an attorney with National Security Counselors, and Elrich, who frequently represents federal employees, argued that their applications were ignored because of their perspectives on government accountability and transparency.

The lawsuit claims that Doge's selection process deliberately excluded individuals who could provide a counterbalance to its current membership. Sky Perryman, CEO of Democracy Forward, another organization representing plaintiffs in the case, questioned the secrecy surrounding Doge's operations. They said the question every American should be asking is, what are they hiding?

Every day, thousands of Comcast engineers and technologists like Kunle put people at the heart of everything they create. In the average household, there are dozens of connected devices. Here in the Comcast family, we're building an integrated in-home Wi-Fi solution for millions of families like my own.

It brings people together in meaningful ways. Kunle and his team are building a Wi-Fi experience that connects one billion devices every year. Learn more about how Comcast is redefining the future of connectivity at comcastcorporation.com slash Wi-Fi. Be honest. When's the last time you had a homemade meal? We get it. Between meetings, workout classes, and the kids' after-school sports, who's got time to cook? That's where HelloFresh comes in. No matter how busy you get,

HelloFresh has everything you need to get an easy home-cooked meal on the table with flavor-packed recipes like Parmesan herb-crusted salmon. You'll be filling your kitchen with the cozy aromas of a homemade meal in no time. So go ahead, try HelloFresh. It's homemade, made easy. Learn more at HelloFresh.com. Now, Doge must not be allowed to operate in the shadows.

without the transparency, oversight, and opportunity for public participation required of any federal department by the law. Meanwhile, the Trump administration has remained silent on the lawsuits. Requests for comment from both Trump's office and Musk went unanswered. Ram Swami, however, is reportedly planning to step away from Doge to focus on his gubernatorial campaign. Now, raising questions about the continuity of the initiative's leadership.

Legal challenges come as President Trump prepares to sign a series of executive orders later in the day, many of which could face additional court battles. The lawsuits against Doge, however, mark a notable beginning to what could be a litigious presidency, with watchdog groups and advocacy organizations signaling their readiness to scrutinize the administration's policies.

Now, these lawsuits will continue on. The plaintiffs are urging the courts to block Doge's activities until it complies with federal regulations. Whether the courts will grant an injunction remains uncertain, but the case has already ignited a broader debate about the balance of power, transparency, and accountability in government advisory committees. Now, the questions raised by these lawsuits go beyond the legality of Doge's operations.

They highlight the deeper concerns about the priorities and the approach of the new administration as it seeks to reshape the entire United States federal government. Now, while Musk and Rauswamy have pledged to deliver bold reforms, their critics argue that the lack of transparency and inclusivity in Doge's formation risks undermining its credibility and its effectiveness.

Hey, thank you so much for listening today. I really do appreciate your support. If you could take a second and hit this subscribe or the follow button on whatever podcast platform that you're listening on right now, I greatly appreciate it. It helps out the show tremendously and you'll never miss an episode. And each episode is about 10 minutes or less to get you caught up quickly. And please, if you want to support the show even more, go to patreon.com slash stage zero.

And please take care of yourselves and each other. And I'll see you tomorrow.