“Whether you’re hot or cold on DOGE’s government-slashing potential, everyone agrees it needs data to survive. Record access lawsuits might starve it of them.”
“the lawsuit argues — in often dramatic terms — that the Appointments Clause of the Constitution calls for someone with such significant and “expansive authority” as Musk to be formally nominated by the president and confirmed by the U.S. Senate.
“There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual,” says the lawsuit, filed by New Mexico Attorney General Raul Torrez and officials from Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington and Hawaii. “Although our constitutional system was designed to prevent the abuses of an 18th century monarch, the instruments of unchecked power are no less dangerous in the hands of a 21st century tech baron.” Two of the 14 states are led by Republican governors.”
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“The suit filed by the 14 states says the Constitution blocks the president from overriding “existing laws concerning the structure of the Executive Branch and federal spending.” As a result, the suit says, the commander-in-chief from is forbidden from creating — or even “extinguishing” — federal agencies, and from “slashing federal programs or offering lengthy severance packages as a means of radically winnowing the federal workforce,” in a nod to the Trump administration’s “deferred retirement” offer to government employees.”
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“”[T]he President does not have the constitutional authority to unilaterally dismantle the government. Nor could he delegate such expansive authority to an unelected, unconfirmed individual,” Thursday’s lawsuit says.”
“In the weeks since Trump’s inauguration, he and Musk have made claims from the Oval Office and on social media about specific programs such as disaster relief for states, lodging for migrants in cities and that 150-year-olds are receiving Social Security payments. However, what few details were provided were vague, unsupported and sometimes false.
In fact, Musk admitted Tuesday that some of its claims might be “incorrect.”
During his first news conference since starting DOGE, Musk backtracked on a claim that $50 million was spent by the federal government to give condoms to Gaza and Hamas. White House press secretary Karoline Leavitt first made that claim at a White House briefing last month and was spread wide by Trump, Musk and Republican lawmakers.
In fact, the condoms were sent to a province in Mozambique named Gaza as part of an HIV prevention measure.”
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“On Thursday, the billionaire reposted to his 217.5 million followers on X a claim that Reuters was awarded $9 million by the Department of Defense for a “social engineering” program and called it a “scam.” Trump passed the claim along on his Truth Social platform, posting “GIVE BACK THE MONEY NOW!”
However, public records show the contract was awarded in 2018, during Trump’s first term, to Thompson Reuters Special Services division, not its news organization, following a request from the previous year from a Department of Defense agency for research on “automated defense social engineering attacks.””
“The arrival of Elon Musk’s allies at the Labor Department has sparked fears that the quality of the agency’s reports on everything from inflation to jobs could suffer at the hands of inexperienced outsiders — with global consequences.”
“The opaque office’s early moves have violated the Privacy Act and cybersecurity laws, according to legal experts, and triggered a lawsuit challenging the Trump administration’s assault on government bureaucracy.
Legal and security experts are particularly exercised by Musk’s move to shutter the U.S. Agency for International Development and take control of the Treasury Department’s central payments database.
“The scale here is unprecedented in terms of the risk to sensitive personal and financial information,” said Alan Butler of the Electronic Privacy Information Center. “It’s an absolute nightmare.”
The Musk-led effort to gain entry into Treasury’s huge payment database drew a lawsuit Monday from two major federal employee unions and left some lawyers who specialize in regulation of such data nearly apoplectic.
Mary Ellen Callahan, former Chief Privacy Officer at the Department of Homeland Security, called DOGE’s access “a data breach of exponential proportions.” “If we lose control of that data, we’ve lost control forever,” she said.”
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“Other lawyers said DOGE’s access could also violate cybersecurity-related laws, like the Federal Information Security Modernization Act of 2002.
Reports that career employees at the Office of Personnel Management were locked out of key databases by DOGE personnel also triggered deep concern Monday among legal and security experts. A key OPM database was breached by hackers in 2013, prompting widespread outrage from lawmakers and federal workers. The U.S. government blamed the hack on China and said the data could be used to target or enlist federal employees in espionage.
“They’re not following the law, they’re not following any semblance of best practice, they’re just hacking and slashing government IT systems in a way that threatens national security and puts everyone at risk,” Butler said.
Claims by Musk that he is shutting down USAID were met with widespread skepticism as well. USAID was created through an executive order issued by President John F. Kennedy in 1961. But it was formally established as a federal government agency by Congress in 1998, creating doubts about Trump’s authority to simply abolish it or, as Secretary of State Marco Rubio has suggested, fold it into the State Department.
“I think it’s the most clearly unconstitutional act that he’s doing,” said Alex Joel, an adjunct professor of law at American University. “He can’t just destroy the whole agency.””
“Musk, the tech tycoon and Donald Trump confidant, made it known that he wanted Ramaswamy out of DOGE in recent days, according to three people familiar with Musk’s preferences who, like others for this article, were granted anonymity to discuss them. An ill-received holiday rant on X by Ramaswamy about H-1B visas apparently hastened his demise.
Just 69 days after Trump announced the team, Ramaswamy is now leaving DOGE and planning to announce a run for Ohio governor next week.
“is DOGE doomed to fail? Not if its architects take a more realistic approach to cutting government. Fundamental reform of Social Security, Medicare, and Medicaid will require delicate, bipartisan negotiations that are already taking place within parts of Congress. Senate Democrats will not back down from filibustering a partisan GOP Social Security plan just because Musk and Ramaswamy recommended it in a report. Nor will Congress suddenly drop its longstanding opposition to eliminating entire federal departments.
Republicans need to stop overpromising and underdelivering on federal budget policy. Congressional Republicans unrealistically promise to balance the budget within a decade while not even attempting to pass any actual legislation slowing the growth of spending. Musk promises to zero out one-third of federal spending, and Ramaswamy pledges to fire three-quarters of federal employees. It’s all bluster to compensate for ultimately doing nothing.”