Elon Musk’s Department of Government Efficiency (DOGE) is under scrutiny for its lack of transparency, designed to operate outside federal public records laws. By restructuring the U.S. Digital Service as a standalone entity, Musk avoids the disclosure requirements typical of government employees. This secrecy has led to multiple lawsuits challenging the legality of DOGE’s actions. Legal experts argue that such a powerful agency cannot operate entirely hidden from the public. Meanwhile, Musk remains active on social media, notably supporting Trump during a tense meeting with Ukrainian President Zelensky, while promoting policy changes to reduce government inefficiencies.
Elon Musk frequently emphasizes the importance of transparency. However, a significant report published by my colleagues today unveils how he embedded secrecy into his Department of Government Efficiency from its inception.
In crafting a strategy to reform the federal bureaucracy, Musk and his team intentionally structured the organization to operate beyond the scope of federal public records laws, as my colleagues noted:
The operation would take over the U.S. Digital Service, previously part of the Office of Management and Budget, transforming it into a stand-alone entity within the executive office of the president. Mr. Musk would not officially hold the title of DOGE administrator, but would act as an adviser to Mr. Trump in the White House.
Unlike employees at other executive branch departments, White House advisers enjoy executive privilege, meaning they typically don’t have to immediately disclose their emails or records.
This secrecy is now becoming a major legal issue trong the courts.
In recent weeks, several lawsuits have been filed, urging the administration to increase transparency regarding Musk’s activities and initiatives. The plaintiffs argue that the administration is breaching national public records laws and, in some instances, seek judicial determination that the department qualifies as an agency subject to those laws.
“These lawsuits essentially assert that it’s unacceptable to have a department wielding such significant power and making far-reaching decisions, while remaining completely secretive and disconnected from the public,” commented Jonathan Shaub, a law professor at the University of Kentucky who has counseled President Biden on executive privilege issues.
This privilege is extensive, with entities like the National Security Council successfully claiming protections by asserting that their officials merely advise the president, who ultimately makes the decisions. Some legal experts believe that constructing a similar argument for the Department of Government Efficiency may pose a greater challenge.
The crux could hinge on how much authority Musk truly holds — a contention raised in a hearing regarding another lawsuit in Washington today — as well as the true nature of his department.
“This is operating far outside the usual protocols expected of large government entities that retain control over policies, personnel, and funding,” noted Mark Rozell, the dean of the Schar School of Policy and Government at George Mason University and an expert on executive privilege.
MEANWHILE on X
Musk on the tense Oval Office meeting
You’ve likely seen the footage of the remarkable meeting held today involving Trump, Vice President JD Vance, and President Volodymyr Zelensky of Ukraine. Musk was closely observing the situation as well. Here’s the latest from my colleague Kate Conger:
On Friday, Musk expressed his approval of the confrontation between Trump and Zelensky through a flurry of posts.
Despite criticizing American aid to Ukraine, which heavily relies on his satellite internet service, Starlink, for communications, Musk quickly shared video clips from the tense Oval Office meeting where Vice President JD Vance told Zelensky to express gratitude to Trump for his support.
Musk posted a clip of Trump commenting on Zelensky’s more informal attire, adding flame and laughing emojis, and he concurred with Trump’s assertion that Europe should contribute more funds to NATO, deeming it “logical.” He also shared videos featuring Trump advising Zelensky to be “thankful” for U.S. support.
Musk’s multitude of posts showcased his role as a one-person messaging powerhouse for the Trump administration. Hardly a day goes by without Musk reacting to the latest Washington news for his 219 million followers. This marks a significant shift from the broader discussions he engaged in last year, prior to his July endorsement of Trump, after which his X feed has focused heavily on political commentary.
— Kate Conger
QUOTE OF THE DAY
“People will die, but we will never know, because even the programs to count the dead are cut.”
This statement comes from Dr. Catherine Kyobutungi, executive director of the African Population and Health Research Center, regarding the funding cuts affecting approximately 5,800 projects previously financed by the United States Agency for International Development.
Musk’s team identified this agency as an example of wasteful expenditure, leading to its effective shutdown. My colleague Stephanie Nolen detailed several projects that have now been confirmed as canceled. Be sure to check out Stephanie’s list.
BY THE NUMBERS
22
This is the number of employees in Musk’s Department of Government Efficiency, along with leaders and allies associated with the group, who have connections to his companies, including X, SpaceX, and the Boring Company, as indicated by a tally from my colleagues.
They identified at least 50 individuals involved in Musk’s initiative to reform the government.
Read more here.
you shouldn’t miss
An update on the retirement cave
Recently, in this newsletter, my colleague David Fahrenthold took you inside the Pennsylvania cave where thousands of federal workers’ retirement records — stored on paper — are kept. Musk highlighted this unusual facility as an illustration of the waste and inefficiency he aims to rectify.
Interestingly, Musk has enlisted a fellow tech billionaire for this mission. Joe Gebbia, co-founder of Airbnb and a close associate of Musk, has stated he is collaborating with Musk’s initiative — on a voluntary basis.