The Washington Post reports:

A lawsuit claiming billionaire Elon Musk’s “Department of Government Efficiency” violates federal transparency rules was filed within minutes of President Donald Trump’s inauguration Monday, kicking off a legal battle over a key aspect of the incoming administration’s agenda.

In a 30-page complaint obtained by The Washington Post ahead of its filing, the public interest law firm National Security Counselors says that the nongovernmental DOGE panel is breaking a 1972 law that requires advisory committees to the executive branch to follow certain rules on disclosure, hiring and other practices.

Shortly after the election, Trump tapped Musk and biotech entrepreneur Vivek Ramaswamy to lead DOGE in identifying government regulations and spending programs for the White House to cut. The group has already hired dozens of staffers as it works out of the Washington offices of Musk’s company SpaceX, sending emissaries across U.S. agencies to put together a list of recommendations to execute in tandem with the administration and often communicating on the encrypted messaging app Signal. (Ramaswamy, however, is now leaving the DOGE panel to run for governor of Ohio.)

The lawsuit alleges that DOGE meets the requirements to be considered a “federal advisory committee,” a class of legal entity regulated to ensure the government receives transparent and balanced advice. These groups, known as FACAs, are required by law to have “fairly balanced” representation, keep regular minutes of meetings, allow the public to attend, file a charter with Congress and more — all steps that DOGE does not appear to have taken.

“DOGE is not exempted from FACA’s requirements,” states the lawsuit, written by Kel McClanahan, executive director of National Security Counselors. “All meetings of DOGE, including those conducted through an electronic medium, must be open to the public.”

Musk did not respond to a request for comment.

The lawsuit could be complicated by an executive order, which Trump is set to sign on Monday, that would designate DOGE as primarily working “within” the U.S. government, according to two people familiar with the matter, who spoke on the condition of anonymity to reflect private deliberations. That executive order was first reported by Semafor.

Musk is still likely to remain outside the government, however, the people said. McClanahan said the lawsuit is still valid even if some DOGE staff are working from within the government.

Public Citizen is also filing a lawsuit against DOGE over its uncertain legal status shortly after the inauguration, according to Lisa Gilbert, co-president of the public interest group. Public Citizen’s suit will be filed in conjunction with the American Federation of Government Employees, the largest union for federal employees.

“If the Trump administration changes the structure of DOGE to be a government office, that would potentially moot the case,” McClanahan said. “But that would subject Musk and others to a whole bunch of ethics laws I don’t think they want to be subject to.” [Continue reading…]