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Opposition to Elon Musk's role in the US federal government

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Main article: Department of Government Efficiency

Elon Musk's role and actions in the US federal government, and the actions of the Department of Government Efficiency (DOGE) which is informally headed by Musk, have been the subject of significant controversy, including protests and ongoing lawsuits. Actions of dissolving agencies and seizure of congressionally authorized funds have been described as violating Article 1 of the United States Constitution and creating a potential constitutional crisis. Some Democratic Party members criticized the actions, stating that the organization does not have authority for its actions, calling its actions a "takeover", "freeze", or "coup". Conflict of interest concerns have been raised because Musk's company SpaceX has extraordinary influence in the federal government and his six companies have received over US$20 billion in taxpayer money; the companies have clashed with various regulators. The White House said Musk would determine if DOGE actions presented conflicts of interest with his businesses. The White House and the Republican Party have defended DOGE and Musk, stating they are in full compliance with federal law.

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The "We Choose to Fight: Nobody Elected Elon" protest, organized by MoveOn, was held at the Treasury on February 4, 2025.

Legal experts have described much of DOGE's actions as illegal, breaking multiple privacy, security, and congressional laws and regulations. It has been described as taking a "move fast and break things" approach. Legal analysts have alleged breaches of law regarding aspects of the Privacy Act, Internal Revenue Code, and Federal Information Security Modernization Act. Forcing workers out of their offices and claims of "deleting" agencies and seizure of funds authorized by Congress have been described as breaking Article 1 of the United States Constitution and constituting a potential "constitutional crisis".[1][2][3][4]

January 2025

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Federal Advisory Committee Act (FACA) lawsuits

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On January 20, the day of Trump's inauguration, The Washington Post learned of a pending lawsuit to be launched against DOGE minutes after Trump was to be sworn in, questioning whether DOGE is a presidential advisory commission obeying federal transparency rules about certain practices, such as disclosure and hiring.[5][6] The same day, three more lawsuits were filed against Trump, DOGE, and the Office of Management and Budget (OMB), alleging violation of the Federal Advisory Committee Act (FACA), which requires that "the advisory committee have a fair balance in viewpoints represented, that they do not meet in secret, and that their records and work product be made available for public inspection".[7] All four lawsuits were filed in the District of Columbia.

The first suit[a] was filed by Public Citizen, State Democracy Defenders Fund, and the American Federation of Government Employees (AFGE) against Trump and the OMB. The Center for Biological Diversity next filed suit against the OMB.[b] National Security Counselors sued DOGE, OMB, Office of Personnel Management, and multiple Trump administration officials,[c] while a coalition of non-government organizations filed suit against OMB and DOGE.[d][7]

Public Citizen, Lentini, and American Public Health Association were all assigned to Biden-appointed judge Jia M. Cobb; the government has filed a motion to consolidate the cases.[8] Center for Biological Diversity has been assigned to Obama-appointed judge Beryl A. Howell.

Treasury payments lawsuits

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District of Rhode Island
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On January 28, twenty-two state attorneys general filed suit[e] against Trump and the Treasury Department in the District of Rhode Island for a temporary retraining order (TRO) barring Trump from pausing any further federal aid.[9][10] On January 31, Judge John J. McConnell Jr., appointed by President Barack Obama, granted the TRO, effectively blocking Trump's federal aid freeze.[11][12] On February 10, finding that the Trump administration had failed to fully comply with the order, Judge McConnell directed the Trump administration to immediately end any federal funding pause and restore previously frozen funds until a final ruling was made on a permanent injunction to be heard at a later time.[13][14]

The Trump administration appealed to the U.S. Court of Appeals for the First Circuit. Harrison Fields, a White House spokesman, said that "every action of the Trump-Vance administration is completely lawful".[15] The First Circuit refused to hear the appeal.[16]

Republican US Representative Andrew Clyde (GA-9) announced plans to file articles of impeachment against McConnell, calling him a "partisan activist weaponizing our judicial system to stop President Trump's funding freeze on woke and wasteful government spending".[17]

Southern District of New York
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On February 7, nineteen state attorneys general, largely the same from the Rhode Island federal case, filed suit[f] against Trump and the Treasury Department in the Southern District of New York over DOGE's actions within the Bureau of the Fiscal Service (BFS).[18][19] In the early morning on February 8, Judge Paul A. Engelmayer, appointed by Obama, issued a preliminary injunction barring DOGE members from accessing Treasury data and ordering all existing unauthorized copies to be deleted immediately.[20]

The White House called the ruling "absurd and judicial overreach" and referred to Engelmayer as an "activist"; Musk posted similar sentiments on X and claimed Engelmayer was protecting scammers.[21] Conservative activist Charlie Kirk encouraged the Trump administration to defy the order should it become permanent.[21] That weekend, JD Vance posted on X that "judges aren't allowed to control the executive's legitimate power". Arkansas senator Tom Cotton called Engelmayer an "outlaw".[22]

The case was transferred, as is standard, to Biden-appointed judge Jeannette Vargas, who on February 11 adjusted Engelmayer's ruling by allowing Treasury secretary Scott Bessent and other senior department leaders whose roles required Senate confirmation to access Treasury data.[23] A hearing was held before Vargas on February 14; she extended the injunction and said she would rule shortly on whether it would remain in place throughout the proceedings.[24][25][26] The case is expected to last months.[27]

February 2025

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On February 5, Republican members of the United States House Committee on Oversight and Government Reform blocked an effort by committee Democrats to subpoena Musk.[28]

Several US Congress members spoke against Musk's role in the government during the "We Choose to Fight: Nobody Elected Elon" protests.

On February 7, the ACLU filed Freedom of Information Act requests with over 40 federal agencies "for any records that reveal whether DOGE or its representatives have sought or obtained access to databases containing personally identifiable information, financial records, healthcare data, or other sensitive government-held records of Americans".[29]

Privacy lawsuits

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See also: Elon Musk and unions

On February 4, three federal employee unions — the Alliance for Retired Americans, the AFGE, and the Service Employees International Union (SEIU) — filed a lawsuit against the Treasury Department,[g] alleging that Treasury Secretary Scott Bessent unlawfully granted DOGE access to sensitive data. The White House defended Musk's role, stating he had followed all federal laws.[31][32][33] On February 6, judge Colleen Kollar-Kotelly, appointed by Clinton, agreed to a proposal filed by the Justice Department to temporarily limit DOGE to "read-only" access of Treasury data until a hearing for a preliminary injunction could be held on February 24. Department of Justice lawyers struggled to explain how DOGE plans to use sensitive taxpayer data.[34]

On February 7, the University of California Student Association filed a lawsuit[h] against acting secretary of education Denise Carter and the Department of Education (ED) in the District of Columbia, claiming an "enormous and unprecedented" "intrusion into individuals' privacy".[35][36][37] The case has been assigned to Obama-appointed judge Randolph D. Moss.[38]

On February 11, the Electronic Frontier Foundation (EFF) filed its own lawsuit[i] to prevent DOGE from accessing OPM's data.[39]

USAID firings and shutdown

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On February 6, a lawsuit[j] seeking to halt the shutdown of USAID was filed in the United States District Court for the District of Columbia by the American Foreign Service Association and the AFGE.[41] The judge, Trump-appointed Carl J. Nichols, issued a temporary restraining order on February 7 against imminent plans for 2,200 employees to be placed on administrative leave and for overseas USAID workers to return to the US.[42] After a hearing, Judge Nichols extended the freeze through February 21.[43]

Nichols held a telephone hearing on February 19. After Trump-appointed USAID leader Peter Marocco initially told the court that overseas USAID employees would be given a choice as to whether remain abroad while on administrative leave, but days later told the court otherwise, Nichols called the government's contradictions "a mess" and ordered the DOJ to clarify its stance by February 20.[44]

Compensation for access to data

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On February 12, a class action suit[k] was filed against Musk, Office of Personnel Management, Department of Treasury and Secretary of the Treasury Scott Bessent.[45] Gribbon v. Musk claims that taxpayers, federal employees and those receiving benefits should be compensated for DOGE's access to their personal and financial data.[45] It has been assigned to judge Christopher R. Cooper.

State attorneys general Appointments Clause case

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On February 13, fourteen state attorneys general filed suit[l] against Musk, DOGE, and Trump in the District of Columbia, arguing that although Musk had been designated a special government employee, he was acting as a principal officer of the United States, and that the Appointments Clause required him to be confirmed by the Senate.[46] They requested a temporary restraining order preventing Musk and DOGE from firing employees or accessing information from multiple federal agencies. In its response, the Trump administration argued that Musk was a senior advisor to the president and had no formal authority.[47] On February 18, Judge Tanya Chutkan denied the request for the temporary restraining order, though she wrote that the states "legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight."[48]

Protests

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See also: 50501

Protestors appeared at Tesla showrooms in numerous cities in the US in February. One of the larger was outside Tesla's Manhattan showroom, where protestors could be heard chanting "Elon Musk can go to Mars; we don't need your Nazi cars" referring to the Elon Musk salute controversy and Musk's support for Alternative for Germany. Protests also took place in San Francisco, Berkeley, Minneapolis, and Kansas City among others. Musician Sheryl Crow posted to social media a video showing a flatbed truck removing a Tesla she had sold in protest.[49]

Anti-Musk protest at the Berkeley, California Tesla showroom

On February 3, protesters gathered outside the Office of Personnel Management and indicated that they would continue to protest for the rest of the week in opposition to DOGE and Musk. The protestors claimed that Musk had illegally taken control of the government's infrastructure,[50] and raised concerns that Musk was an unelected foreign national who was potentially stealing sensitive information stored in federal servers.[51]

A rally was organized in front of the Treasury department the next day via word of mouth and social media, with initially 50 participants that grew into hundreds. Participants included federal workers, retirees and others who were alarmed and angry over Musk and DOGE's actions and its trajectory, chanting "Elon Musk has to go" and signs reading "No Trump, No Musk, No Fascist USA" and "Musk owns Trump". Democratic politicians such as Senator Chuck Schumer, Senator Chris Van Hollen, and Representative Maxine Waters spoke out at the protest.[52][53]

As of February 17, 2025, DOGE protests at the United States Capitol are ongoing.[54]

/r/FedNews Reddit resistance

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Within one week of DOGE's mass layoff plan, the subreddit /r/FedNews became a central hub for information sharing by federal government employees of DOGE actions and DOGE actors, and organizing resistance against the Trump administration.[55][56][57] The subreddit gained 250,000 members between the 2024 United States presidential election and February 7, 2025,[57] and entered the top 1% of subreddits by subscriber count.[55]

The subreddit states that it is unaffiliated with and not endorsed by the United States government.[58] The subreddit describes itself as "a secure space for United States Federal Government employees to express their opinions, share experiences, and discuss news and information pertinent to their employment."[55] Right-wing social media influencers have been critical of it, with unproven allegations of federal employees using Reddit while on duty.[57]

Notes

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  1. ^ Public Citizen v. Trump, No. 25-cv-164 (D.D.C. January 20, 2025)
  2. ^ Center for Biological Diversity v. Office of Management and Budget, No. 25-165 (D.D.C. January 20, 2025)
  3. ^ Lentini v. Dept. of Government Efficiency, No. 1:25-cv-00166 (D.D.C. January 20, 2025)
  4. ^ Amer. Public Health Ass'n v. Office of Management and Budget, No. 25-cv-167 (D.D.C. January 20, 2025)
  5. ^ New York et al. v. Trump et al., No. 1:25-cv-00039 (D.R.I. January 28, 2025)
  6. ^ New York et al. v. Trump et al., No. 25-CV-1144 (S.D.N.Y. February 7, 2025)
  7. ^ Alliance for Retired Americans v. Bessent, No. 1:25-cv-00313 (D.D.C. February 3, 2025)[30]
  8. ^ Univ. of California Student Ass'n v. Carter, No. 1:25-cv-00354 (D.D.C. February 7, 2025)
  9. ^ Am. Fed'n of Gov't Employees v. U.S. Off. of Personnel Mgmt., No. 1:25-cv-01237 (S.D.N.Y. February 11, 2025)
  10. ^ American Foreign Service Ass'n v. Trump, No. 1:25-cv-00352 (D.D.C. February 6, 2025)[40]
  11. ^ Gribbon v. Musk, No. 1:25-cv-00422 (D.D.C. February 12, 2025)
  12. ^ New Mexico v. Musk, No. 25-cv-429 (D.D.C. February 13, 2025)

References

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  1. ^ Peters, Adele (February 5, 2025). "What will it take to stop Elon Musk and DOGE?". Fast Company. Retrieved February 6, 2025.
  2. ^ Chait, Jonathan (February 4, 2025). "The Constitutional Crisis Is Here". The Atlantic. Retrieved February 6, 2025.
  3. ^ Alms, Natalie (February 5, 2025). "Musk's DOGE efforts pose a 'constitutional crisis,' experts warn". NextGov/FCW. Retrieved February 6, 2025.
  4. ^ "Are we in a constitutional crisis? : Consider This from NPR". NPR. Retrieved 2025-02-12.
  5. ^ Helmore, Edward (2025-01-20). "Elon Musk's Doge' expected to be sued moments after Trump's swearing in". The Guardian. Retrieved 2025-01-20.
  6. ^ Stein, Jeff (2025-01-20). "Elon Musk's 'DOGE' to be sued within minutes of Trump's inauguration". The Washington Post. Retrieved 2025-01-20.
  7. ^ a b Bower, Anna (2025-01-20). "Advocacy Groups File Four Lawsuits Against Musk-Led DOGE". Lawfare. Archived from the original on 2025-01-20. Retrieved 2025-02-02.
  8. ^ "Motion to Consolidate Cases" (PDF). CourtListener. 2025-02-04. Retrieved 8 February 2025.
  9. ^ Lee, Ella (2025-01-28). "Democrats sue White House budget office over federal grant freeze". The Hill. Archived from the original on February 6, 2025. Retrieved 2025-02-10.
  10. ^ "Request for Emergency Temporary Restraining Order Under Federal Rule of Civil Procedure 65(b)". Court Listener. January 28, 2025. Retrieved February 14, 2025.
  11. ^ Schonfeld, Zach (2025-01-31). "Judge formally blocks Trump's federal aid freeze". The Hill. Archived from the original on February 2, 2025. Retrieved 2025-02-10.
  12. ^ "Second federal judge orders temporary pause to Trump administration efforts to freeze funding". AP News. 2025-01-31. Retrieved 2025-02-10.
  13. ^ Quinn, Melissa (2025-02-10). "Judge directs Trump officials to comply with earlier order halting funding freeze - CBS News". www.cbsnews.com. Retrieved 2025-02-10.
  14. ^ "Order" (PDF). Court Listener. February 10, 2025.
  15. ^ Schwartz, Mattathias (2025-02-10). "White House Failed to Comply With Court Order, Judge Rules". The New York Times. Retrieved 19 February 2025.
  16. ^ Charalambous, Peter; Faulders, Katherine (2025-02-11). "Appeals court denies Trump's request to lift order blocking freeze of billions in federal funding". ABC News. Retrieved 19 February 2025.
  17. ^ Solender, Andrew (2025-02-15). "Republicans move to impeach judges who blocked Trump". Axios. Retrieved 19 February 2025.
  18. ^ Meko, Hurubie (2025-02-07). "States say in lawsuit that Trump violated Constitution's basic precepts". The New York Times. Retrieved 8 February 2025.
  19. ^ "Request for Emergency Temporary Restraining Order Under Federal Rule of Civil Procedure Rule 65(b)" (PDF). AG.NY.gov. February 7, 2025. Retrieved February 14, 2025.
  20. ^ Izaguirre, Anthony (2025-02-08). "Federal judge blocks Elon Musk's DOGE from accessing sensitive US Treasury Department material". Associated Press News. Retrieved 8 February 2025.
  21. ^ a b Ruberg, Sara; Green, Erica L. (2025-02-08). "Musk attacks judge who temporarily blocked access to Treasury data". The New York Times. Retrieved 9 February 2025.
  22. ^ Savage, Charlie; Kim, Minho (2025-02-09). "Vance Says 'Judges Aren't Allowed to Control' Trump's 'Legitimate Power'". The New York Times. Retrieved 12 February 2025.
  23. ^ Scholfeld, Zach (February 11, 2025). "Judge adjusts ruling blocking Musk, DOGE from Treasury Department payment systems". The Hill. Retrieved February 11, 2025.
  24. ^ Meko, Hurubie; Nauman, Qasim (2025-02-08). "Judge Halts Access to Treasury Payment Systems by Elon Musk's Team". The New York Times. Retrieved 8 February 2025.
  25. ^ Moench, Mallory (8 February 2025). "Judge blocks Elon Musk's team from Treasury Department records". www.bbc.com.
  26. ^ Robins-Early, Nick (8 February 2025). "Who is helping Elon Musk gut the US government?". The Guardian.
  27. ^ Meko, Hurubie; Parnell, Wesley (2025-02-14). "Judge Extends Restrictions on Musk's Access to Sensitive Treasury Data". The New York Times. Retrieved 19 February 2025.
  28. ^ Beitsch, Rebecca (February 5, 2025). "GOP quashes Oversight Democrats' effort to subpoena Elon Musk". The Hill.
  29. ^ "ACLU Seeks Records on DOGE's Unrestricted Access to Americans' Data, Urges Congress to Step Up". ACLU. 2025-02-07. Retrieved 2025-02-07.
  30. ^ "ALLIANCE FOR RETIRED AMERICANS v. BESSENT, 1:25-cv-00313, (D.D.C.)" (PDF). Retrieved 7 February 2025.
  31. ^ "Treasury Secretary Bessent Sued Over Giving Access to Musk's DOGE Team". Bloomberg. February 4, 2025. Retrieved February 5, 2025.
  32. ^ "Elon Musk's Treasury Payment Data Access Raises Legal Concerns". The New York Times. February 3, 2025. Retrieved February 5, 2025.
  33. ^ "Treasury Department Sued Over DOGE Payment Access". The Hill. February 4, 2025. Retrieved February 5, 2025.
  34. ^ Barnes, Daniel (February 6, 2025). "Judge weighs blocking DOGE from accessing Treasury Department records". ABC News. American Broadcasting Company. Retrieved February 5, 2025.
  35. ^ Schonfeld, Zach (February 7, 2025). "Public Citizen steps up fight against DOGE access with Education Department lawsuit". The Hill. Retrieved February 14, 2025.
  36. ^ Belanger, Ashley (2025-02-07). "DOGE can't use student loan data to dismantle the Education Dept., lawsuit says". Ars Technica. Retrieved 8 February 2025.
  37. ^ "Complaint for Declaratory and Injunctive Relief" (PDF). Court Listener. February 7, 2025.
  38. ^ Lonas Cochran, Lexi (February 11, 2025). "DOGE personnel to be kept out of Education Department systems until Feb. 17: Lawsuit". The Hill.
  39. ^ Castro, Chiara (2025-02-14). "Elon Musk's Department of Government Efficiency hit by another privacy lawsuit with millions impacted". TechRadar. Retrieved 2025-02-15.
  40. ^ "American Foreign Service Association v. Trump" (PDF). United States District Court for the District of Columbia. 2025-02-06. Retrieved 7 February 2025.
  41. ^ Demirjian, Karoun; Kavi, Aishvarya (2025-02-06). "Trump Administration to Lay Off Nearly All of U.S. Aid Agency's Staff". The New York Times. Retrieved 7 February 2025.
  42. ^ Crowley, Michael; Cameron, Chris (7 February 2025). "A judge says he will freeze elements of Trump's plan to shut down U.S.A.I.D." The New York Times. Retrieved 7 February 2025.
  43. ^ Lo Wang, Hansi (2025-02-13). "A judge extends the pause on Trump's plan to put USAID workers on leave". NPR. Retrieved 17 February 2025.
  44. ^ Cheney, Kyle (2025-02-19). "Judge says Trump administration made a 'mess' of plans for overseas USAID workers". Politico. Retrieved 19 February 2025.
  45. ^ a b Rizzi, Corrado (14 February 2025). "Class Action Lawsuit Against Musk Says DOGE Must Pay Taxpayers for Federal Database Access". ClassAction.org. Retrieved 16 February 2025. A class action against Elon Musk alleges taxpayers, federal employees and those receiving benefits should be compensated for DOGE's access to their personal and financial data
  46. ^ Levine, Mike; Charalambous, Peter (2025-02-13). "14 states sue DOGE, blasting Musk's 'unprecedented' power as unconstitutional". ABC News. Retrieved 2025-02-19.
  47. ^ Picchi, Aimee (2025-02-18). "Musk is not an employee of DOGE and "has no actual or formal authority," White House says". CBS News. Retrieved 2025-02-19.
  48. ^ Queen, Jack; Hals, Tom (2025-02-18). "US judge will not block Elon Musk from firing federal workers, accessing data". Reuters. Retrieved 2025-02-18.
  49. ^ Davis, Wes (2025-02-15). "'TeslaTakeover' protests are small, but numerous". The Verge. Retrieved 2025-02-16.
  50. ^ Music, Morgan (2025-02-03). "Protestors Plan for Week-Long Anti-Elon Musk Protests to Warn Others of His 'Illegal Decisions': 'Stop the Coup'". Latin Times. Retrieved 2025-02-05.
  51. ^ Mayes-Osterman, Cybele (February 3, 2025). "'Fork off': Protesters gather outside OPM to condemn Elon Musk 'stealing' personal data". USA TODAY. Retrieved 2025-02-05.
  52. ^ Bensen, Jackie (2025-02-05). "Federal workers protest over DOGE access to Treasury Department Data". NBC4 Washington. Retrieved 2025-02-05.
  53. ^ Guldogan, Diyar (5 February 2025). "Hundreds gather in US capital to protest Elon Musk's government influence". www.aa.com.tr. Retrieved 2025-02-05.
  54. ^ Brennan, David; Hutzler, Alexandra; Reinstein, Julia (2025-02-17). "Trump 2nd term live updates: DOGE appears to miss website deadline on 'savings'". ABC News. Retrieved 2025-02-17.{{cite web}}: CS1 maint: url-status (link)
  55. ^ a b c Sheth, Sonam (2025-02-07). "Subreddit for Federal Workers Explodes In Popularity Amid Trump Crackdown". Newsweek. Archived from the original on 2025-02-17. Retrieved 2025-02-17.
  56. ^ Townsend, Chance (2025-01-29). "'Hold the line don't resign': Federal workers on Reddit fight back against Trump 'buyout'". Mashable. Archived from the original on 2025-02-17. Retrieved 2025-02-17.
  57. ^ a b c Wolf, Nate (2025-02-06). "How DOGE galvanized a dormant government subreddit to build an axis of resistance: The r/fednews subreddit has grown by 250,000 subscribers since Donald Trump's election". Daily Dot. Archived from the original on 2025-02-07. Retrieved 2025-02-17.
  58. ^ O'Brient, Samuel (2025-02-08). "Federal staffers send a clear message to Elon Musk". Yahoo News. Retrieved 2025-02-17.
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