The first lawsuit targeting Elon Musk’s “Department of Government Efficiency” (DOGE) was filed Monday, just hours after President Trump took office.
The 30-page complaint, obtained by Fox Business before filing, accuses DOGE of violating federal disclosure laws. The lawsuit, filed by the law firm National Security Counselors, was initially reported by the Washington Post.
Trump had tasked Musk and biotech entrepreneur Vivek Ramaswamy to lead DOGE in rooting out government waste. Musk’s ambitious goal was $2 trillion in spending cuts. Operating from SpaceX’s D.C. office, DOGE reportedly met with federal agencies to uncover inefficiencies.
However, DOGE wasn’t created by Congress, and its legal powers remain unclear. The lawsuit argues that DOGE qualifies as a “federal advisory committee” and must follow the Federal Advisory Committee Act (FACA). This includes public meetings, balanced representation, and filing a congressional charter.
“DOGE is not exempted from FACA’s requirements,” the lawsuit claims. “All meetings, including virtual ones, must be open to the public.”
Neither Musk nor Trump’s transition team commented on the lawsuit.
In a Wall Street Journal op-ed, Musk and Ramaswamy wrote DOGE would be “unlike government commissions or advisory committees,” suggesting they believe FACA doesn’t apply.
Economist Sam Hammond argued DOGE may be exempt, as its work appears focused on executive branch initiatives. “DOGE doesn’t really exist,” Hammond said. “It’s a branding exercise for Trump’s reform efforts.”
The lawsuit counters that DOGE meets the legal definition of an advisory committee. It also points out the absence of federal employees or their advocates among its members, leaving their perspectives unrepresented.
Plaintiffs include Jerald Lentini, an attorney for National Security Counselors, and Joshua Erlich, an employment lawyer. Both applied to join DOGE, citing concerns about its lack of representation for federal workers.
The lawsuit lists 17 members linked to DOGE, including entrepreneurs Marc Andreessen and Antonio Gracias. “Not a single member represents federal employees,” it notes.
Kel McClanahan, National Security Counselors’ executive director, emphasized the need for transparency. “This isn’t about sour grapes,” McClanahan said. “It’s about ensuring someone is in the room to provide critical perspectives.”
McClanahan warned of potential fallout if DOGE’s recommendations ignore federal workers’ roles. “Government work is not corporate work. Without that understanding, DOGE’s proposals are doomed to fail.”