Deep State sabotage: Lawsuit targets DOGE in an attempt to block government overhaul
The Department of Government Efficiency (DOGE), led by Elon Musk and supported by President Donald Trump, faces a lawsuit filed by the National Security Counselors (NSC) just after Trump’s inauguration. The lawsuit claims DOGE violates the Federal Advisory Committee Act (FACA).
Opponents argue that DOGE lacks transparency, accountability, and diverse representation. They also express concerns about its funding and potential influence from Trump and other officials.
DOGE aims to streamline the federal government by eliminating wasteful programs and agencies. However, this mission is seen as a threat by those benefiting from the current system, leading to accusations of “lawfare” to obstruct progress.
While DOGE has historical precedents for advisory committees exempt from FACA, the outcome of this case is uncertain as courts have sometimes applied FACA rules to advisory panels.
The lawsuit represents a broader battle between those who want to shrink the federal government and those who profit from its inefficiencies. The fight is seen as a chance to hold Washington accountable, with significant implications for government agencies and workers.
The suit filed Monday, Jan. 20, by the public interest law firm National Security Counselors (NSC) apparently aims to derail DOGE’s mission to streamline the federal government by abolishing wasteful programs and agencies. Critics argue this is yet another attempt by the so-called Deep State to stymie Trump’s ambitious plans to overhaul a bloated and inefficient bureaucracy.
The 30-page complaint alleges that DOGE violates the Federal Advisory Committee Act (FACA), a 1972 law requiring advisory committees to maintain transparency, balanced representation and public accountability. The lawsuit claims DOGE operates as a “federal advisory committee” but fails to meet the FACA’s standards – including documenting meetings, filing a charter with Congress and ensuring diverse perspectives.
NSC Executive Director Kel McClanahan told Newsweek: “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.”
This legal challenge is not just about transparency – it’s about power. DOGE represents a direct threat to the entrenched interests of federal bureaucrats who benefit from the status quo. By targeting DOGE, the lawsuit aims to preserve the inefficiencies and redundancies that have long plagued Washington.
DOGE’s mission is clear: Identify and eliminate wasteful spending and regulations. Opponents often resort to “lawfare” to obstruct progress, Musk notes, and this lawsuit is no exception.
How DOGE is reshaping government
DOGE has already hired dozens of staffers, many from Silicon Valley, who are working out of Musk’s SpaceX offices in the District of Columbia. These employees, classified as “special government employees,” are unpaid and serve six-month terms.
Prospective hires include prominent figures like Marc Andreessen and Shaun Maguire, who bring private-sector expertise to the table. However, the NSC’s lawsuit argues that DOGE’s membership is stacked with “small-government crusaders” from the tech industry and Republican politics, leaving federal workers and unions without representation.
The complaint also highlights concerns about DOGE’s funding; while it operates outside traditional government frameworks, it remains unclear how it will be financed. Trump’s advisors have floated ideas such as private donations or congressional earmarks, but critics argue this lack of clarity undermines accountability. The lawsuit moreover alleges that Trump and other officials have “an inappropriate degree of influence on DOGE,” raising questions about its independence.
Despite these challenges, DOGE has historical precedent on its side. Courts have occasionally exempted advisory committees from FACA requirements, citing practical needs.
For example, the Supreme Court ruled in 1987 that the American Bar Association was exempt from FACA despite advising the president on judicial nominations. However, in 2002, the court applied FACA rules to advisory panels on nuclear waste cleanup, suggesting the outcome of this case is far from certain.
As McClanahan admitted: “This is not about sour grapes. This is not people suing because they were not picked. This is people suing because nobody like them was picked, and as a result nobody will be in the room to make sure DOGE understands the critical perspectives they would provide.”
In other words, the lawsuit is a desperate attempt to maintain the status quo. It’s a battle between those who want to shrink the federal government and those who profit from its inefficiencies. For Trump and Musk, this is a fight worth having. For the American people, it’s a chance to finally hold Washington accountable. The Deep State may have thrown the first punch, but the fight is far from over.
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