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Other critics of Trump's Department of Government Efficiency have also argued that it runs afoul of regulations governing federal advisory committees.
The public interest law firm National Security Counselors says it will file a lawsuit in federal court challenging the "Department of Government Efficiency," a nongovernmental entity spearheaded by President-elect Donald Trump to help advise on cuts to government spending and regulation, within minutes of Trump's swearing in, according to The Washington Post.
The complaint alleges that the Department of Government Efficiency (DOGE) meets the requirements to be considered a "federal advisory committee"—groups that are known as FACAs—and therefore must follow regulations outlined in a 1972 law governing how FACAs operate. FACAs must, for example, file a charter with Congress, keep regular minutes of meetings, and ensure meetings are open to the public. DOGE doesn't appear to have taken those steps, according to the Post.
The watchdog group Public Citizen has also criticized DOGE for failing to adhere to FACA requirements, which stipulate that "membership of the advisory committee [must] be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee." To help remedy this, the co-presidents of Public Citizen—Lisa Gilbert and Robert Weissman—last week requested that the Trump transition team co-chairs appoint them to serve on DOGE.
"As things stand, DOGE's membership falls far short of satisfying FACA's fair-balance requirement," the two wrote. They also point out that the duo tapped to lead DOGE, billionaire and GOP megadonor Elon Musk and tech entrepreneur Vivek Ramaswamy, both stand to potentially benefit financially from lessened federal regulation. CBS Newsreported Sunday that Ramaswamy is expected to depart DOGE and announce a bid for Ohio governor.
Kel McClanahan, the executive director of National Security Counselors who authored the lawsuit, told the Post that "we're not trying to say DOGE can't exist. Advisory committees like DOGE have been around for decades. We're just saying that DOGE can't exist without following the law."
Another source the Post spoke with, Sam Hammond of the Foundation for American Innovation—who has been a fan of DOGE's efforts—told the paper that until Trump actually treats DOGE as a FACA, it doesn't need to follow FACA reporting rules. "DOGE isn't a federal advisory committee because DOGE doesn't really exist. DOGE is a branding exercise, a shorthand for Trump's government reform efforts," he said.
But early January reporting from the Post indicates that DOGE is more than just a branding exercise. Citing anonymous sources, the outlet reported that aides with DOGE have spoken to staffers at more than a dozen federal agencies to "begin preliminary interviews that will shape the tech executives' enormous ambitions to tame Washington's sprawling bureaucracy." There has also been a hiring sprint. DOGE is aiming to have nearly 100 staff in place by Trump's inauguration, according to the paper.
A new report identifies what a DOGE "based on evidence, not ideology, would include—from slashing drug prices to ending privatized Medicare to reducing the wasteful Pentagon budget."
While the U.S. Senate on Wednesday held confirmation hearings for several of President-elect Donald Trump's Cabinet nominees, the watchdog Public Citizen sounded the alarm about a new commission and its billionaire leaders, who don't require congressional oversight but could significantly impact federal agencies, regulations, and spending.
Despite being called the Department of Government Efficiency, DOGE is not a government department. It is a presidential advisory commission that Trump announced after his November win. He has asked billionaires Elon Musk and Vivek Ramaswamy to co-lead it.
Public Citizen co-presidents Lisa Gilbert and Robert Weissman on Monday wrote to Trump's transition team, asking to join DOGE. While their group has concerns about the commission's "structure and mission," including potential conflicts of interest regarding Musk and Ramaswamy's financials, the watchdog leaders made the case that they could serve "as voices for the interests of consumers and the public who are the beneficiaries of federal regulatory and spending programs."
"There is nothing 'efficient' about hitting a pre-determined target for spending cuts, least of all one that is infeasible."
The pair highlighted that their appointment "would be an important step towards compliance with the Federal Advisory Committee Act," and outlined some ideas they have "to slash drug prices, end privatized Medicare, reduce the wasteful Pentagon budget."
Weissman expanded on the group's recommendations in a Wednesday report titled DOGE Delusions: A Real-World Plan to Reject Elon Musk and Vivek Ramaswamy's Misguided Agenda, Crack Down on Corporate Handouts, Tax the Rich, and Invest for the Future.
"Every sign from DOGE suggests that it aims to use 'efficiency' as a cover to shrink government, benefit corporations by cutting regulations, and advance a predetermined ideological agenda," Weissman said in a Wednesday statement. "This report identifies what an efficiency agenda based on evidence, not ideology, would include—from slashing drug prices to ending privatized Medicare to reducing the wasteful Pentagon budget."
The report's introduction notes that Trump and Musk's suggestions that DOGE would cut $2 trillion in yearly spending, even though "many commentators have pointed out the effective impossibility of cutting $2 trillion annually from the federal budget, given that all federal discretionary spending—including the Pentagon budget and veterans' benefits—totals less than $2 trillion."
Musk even
admitted last week that $2 trillion is unlikely, after which experts said his lower target of $1 trillion is still "too large."
"Few would argue with the purported goal of 'government efficiency,' but there is nothing 'efficient' about hitting a pre-determined target for spending cuts, least of all one that is infeasible," Weissman wrote. "Nor is there anything 'efficient' about ideologically driven notions of shrinking government or corporate profit-driven plans to roll back regulatory protections."
"Additionally, 'efficiency' is not a primary value," he continued. "Whatever the government does, it should strive to do efficiently (mindful of other considerations), but the real question is what the government should be doing in the first place."
The 35-page report features sections on ending Big Pharma's price gouging, shutting down privatized Medicare, cutting Pentagon waste and curbing contractor greed, taxing the rich and corporations, taxing high earners and the wealthy, eliminating oil and gas subsidies, regulating efficiency, the costs of not regulating, investing in the care economy, and investing to avert a climate catastrophe.
Many of the proposals overtly conflict with the priorities of the incoming Trump administration and the new Republican-controlled Congress, which are expected to swiftly and aggressively pursue tax cuts for wealthy individuals and corporations, expansion of Medicare Advantage, and the Big Oil-backed president-elect's campaign pledge to "drill, baby, drill" for climate-heating fossil fuels.
The GOP has promoted additional fossil fuel extraction despite the costly and devastating impacts of the climate emergency, as seen with 27 U.S. disasters with losses exceeding $1 billion in 2024—the hottest year on record—and in Los Angeles, California, which is currently enduring what could be "the costliest wildfire disaster in American history."
The Public Citizen report points out that the monetary costs of climate inaction "will severely reduce the size of the global economy. Depending on how quickly we move and how severe we let climate chaos become, the insurance giant Swiss Re suggests the annual dollar costs could be 11% to 14% of total global economic output by 2050—amounting to around $23 trillion annually—and around 7% of North American economic output. These costs will compound and grow even worse over time."
The watchdog estimates that one of its related proposals—ending handouts to fossil fuel companies—would save about $20 billion annually. Ending privatized Medicare would save $100 billion each year, and modest cuts to the Pentagon budget would save $100 billion yearly. More serious defense cuts could save $200 billion, the same figure for measures to reduce prescription drug prices. The biggest savings from the group's recommendations would come from fair tax reforms, at $500 billion annually.
"If DOGE is interested in saving taxpayers and consumers money and making sound investments that will generate a positive return to the government and society," the report concludes, "there is a clear set of evidence-based measures for it to pursue."
"We can offer views that are untainted by the appearance of corruption or self-dealing."
Public Citizen co-presidents Lisa Gilbert and Robert Weissman on Monday requested to serve on U.S. President-elect Donald Trump's Department of Government Efficiency "as voices for the interests of consumers and the public who are the beneficiaries of federal regulatory and spending programs."
Shortly after Trump's November victory, the Republican announced that he asked billionaires Elon Musk and Vivek Ramaswamy to co-lead DOGE, a presidential advisory commission that he said would work "to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies."
Since then, numerous watchdog groups, Democratic lawmakers, and others have sounded the alarm about DOGE and its leaders, blasting the commission as a thinly veiled attack on federal programs—including Medicaid, Medicare, and Social Security—connected to the GOP trifecta's effort to pass more tax cuts for wealthy individuals and corporations.
"Public Citizen has concerns about DOGE's structure and mission," the group's co-presidents wrote to Howard Lutnick and Linda McMahon, co-chairs of Trump's transition team. "In structure, an advisory committee led by individuals such as Messrs. Musk and Ramaswamy who hold financial interests that will be directly affected by federal budgetary policies presents substantial conflict of interest concerns that threaten to undermine public confidence in the committee's recommendations to the administration."
"Mr. Trump and OMB should take steps to ensure that DOGE's advice and recommendations take into consideration the viewpoints of the consumers and citizens who would be directly affected."
Musk, the world's richest person, has leadership roles at companies including Tesla, SpaceX, and X. He has often been at Trump's side in the lead-up to next week's inauguration. Ramaswamy, who ran for president in the latest cycle before ultimately backing Trump, has founded a pharmaceutical company and an investment firm.
Gilbert and Weissman wrote that DOGE's mission to advise the Office of Management and Budget (OMB) "on how to 'slash excess regulation' and 'cut wasteful expenditures' puts at risk important consumer safeguards and public protections, because it focuses only on eliminating rules and spending without considering the other half of the picture: more efficiently regulating corporations to better protect consumers and the public from harmful corporate practices, and making sound and efficient public investments."
"In light of the significant influence that DOGE is expected to have on the administration's fiscal and regulatory policy," they argued, "Mr. Trump and OMB should take steps to ensure that DOGE's advice and recommendations take into consideration the viewpoints of the consumers and citizens who would be directly affected by the regulatory and spending proposals that DOGE will advance, not only the viewpoint of wealthy businesspeople."
The pair made the case that their appointment to the commission "would not raise conflict of interest concerns."
Before Gilbert joined Public Citizen, she was an advocate at the U.S. Public Interest Research Group and worked as a campaign director to pass legislation on social justice and environmental issues for various organizations. Weissman previously directed the corporate accountability group Essential Action, edited the magazine Multinational Monitor, and worked as a public interest attorney at the Center for Study of Responsive Law.
"Unlike Musk, neither Rob nor I, nor Public Citizen, has a financial interest in federal government contracts and spending. In bringing the consumer and public perspective to DOGE, we can offer views that are untainted by the appearance of corruption or self-dealing," Gilbert said in a statement.
Weissman emphasized that "all signs suggest the nonrepresentative DOGE co-chairs aim to use 'efficiency' as a cover to drive a pro-corporate, anti-regulatory agenda, and an ideologically driven social service cuts program. This would constitute an anti-efficiency agenda."
"On the other hand, Lisa and I are prepared to offer a range of evidence-based efficiency proposals—to slash drug prices, end privatized Medicare, reduce the wasteful Pentagon budget—that would save American taxpayers and consumers hundreds of billions of dollars every year," he explained. "We also have recommendations for smart, efficient public investments—in human development and to address climate change—that will have a positive monetary return for the government and society."
As the letter highlights, Public Citizen—which "has worked to hold the government and corporations accountable to the people, including by focusing on research and advocacy with respect to regulation of health, safety, consumer finance, and the environment" since its founding in 1971—has already offered DOGE some recommendations.
"Consistent with Public Citizen's mission—and that of DOGE—Public Citizen on December 20, 2024, sent Messrs. Musk and Ramaswamy a letter proposing two measures that would save the government and taxpayers billions of dollars, while improving health and access to medicines: authorizing generic competition to anti-obesity medications and implementing the Medicare drug price negotiation and inflation rebate programs to lower drug prices," Gilbert and Weissman wrote.
They also noted that appointing them to DOGE "would be an important step towards compliance with the Federal Advisory Committee Act (FACA), which requires 'the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee.'"
In addition to outlining concerns about Musk and Ramaswamy, they detailed that "DOGE member Katie Miller's background is in handling press relations for government officials. William McGinley worked as a lawyer for various Republican Party groups and big law firms. Other people reported in the media as connected with DOGE also appear to have corporate backgrounds. These individuals lack the consumer and public interest perspective needed if Mr. Trump expects DOGE to have any hope of complying with FACA."