Elon Musk’s DOGE to be sued minutes after Donald Trump’s inauguration

Elon Musk and Vivek Ramaswamy’s cost-cutting effort, the Department of Government Efficiency, or DOGE, will be sued shortly after President-elect Donald Trump’s inauguration at noon EST on Jan. 20. 

The lawsuit, from a public interest law firm called National Security Counselors, claims DOGE is operating as a federal advisory committee, and as thus is violating a law called the Federal Advisory Committee Act, or FACA, which regulates the functions and transparency of federal advisory committees. 

FACA requires these groups to be “fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee,” the lawsuit states. The lawsuit will be filed shortly after noon in the U.S. District Court for the District of Columbia, National Security Counselors told CBS MoneyWatch.

The law requires that advisory committees are “objective and accessible to the public,” according to the U.S. General Services Administration. 

Neither the Trump campaign nor Elon Musk immediately responded to a request for comment. Ramaswamy is expected to step away from DOGE as he embarks on a campaign for Ohio governor later this month.

DOGE, which isn’t an official government department, was tasked by Trump to produce recommendations on trimming federal outlays, with billionaires Musk and Ramaswamy saying they aimed to cut about $500 billion in annual expenditures. The lawsuit claims that DOGE so far appears to have largely appointed three types of people to work on its efforts: tech industry executives, people affiliated with the Trump campaign and his prior administration as well as associates of Musk or Ramaswamy’s. 

The lawsuit alleges that, as a result, DOGE is in violation of FACA because “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.”

It also claims that DOGE is violating the law’s mandate that advisory committee meetings must be open to the public, noting that Musk and Ramaswamy have held private meetings with various elected officials, as well as with tech executives. 

“Nobody disputes that there is a huge amount of wasteful spending in the federal government,” Kel McClanahan, the executive director of National Security Counselors, said in an email to CBS MoneyWatch. “Our only concern is that DOGE, as it is currently constituted, lacks the expertise to understand how its recommendations will backfire if it pushes federal workers out without understanding why they are there in the first place. 

He added, “Government work is not corporate work, and any recommendations made without that perspective are doomed to fail.”

The lawsuit’s plaintiffs include two men who sent in applications to be hired by DOGE. One, Jerald Lentini, is an attorney for National Security Counselors, while the second, Joshua Erlich, is an attorney who frequently represents federal employees and could represent their viewpoints, the lawsuit notes. Neither has heard back from DOGE about their applications. 

“Plaintiffs conclude that, upon information and belief, neither Lentini nor Erlich, nor anyone similarly situated who would represent the perspectives of federal employees (including national security employees), unions, or accountability and transparency advocates, will be selected for DOGE,” the lawsuit claims.