Episode Details

There has been a lot of uneducated debate on the legitimacy of President Trump’s Department of Government Efficiency (DOGE), the effort headed by Elon Musk. As those who see their seats at the taxpayer-funded government feedthrough threatened and panic about having to do without out, the idea that the new entity is illegitimate needs to be laid to rest. It is.

Recently, 14 state attorneys general were denied their request for a Temporary Restraining Order (TRO) to obstruct Musk’s DOGE efforts, claiming that eliminating waste and fraudulent spending in the many federal agencies and departments would cause “harm” to their states. Ironically, it was US District Judge Tanya Chutkan, the same judge who presided over the criminal investigation into Trump’s alleged efforts to overturn the results of the 2020 election, who ruled against them.

As FOX News' Breanne Deppisch reported:

“Plaintiffs argued that the leadership role held by Musk, a private citizen, represents an ‘unlawful delegation of executive power’ and threatened what they described as ‘widespread disruption’ to employees working across various federal agencies and government contractors.

“‘There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual,’ said the lawsuit, filed by New Mexico Attorney General Raul Torrez.

“Attorneys general from Arizona, California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, Oregon, Rhode Island, Vermont and Washington also joined him in the request.”

Chunkin was correct in denying the attorney generals their TRO, but not for the reasons she stated, which centered on proving “irreparable harm.” Instead, the denial—which should have been dismissed with prejudice—should have centered on the fact that DOGE exists as a re-purposed department already codified by Congress.

The DOGE effort under the Trump administration is, indeed, a re-purposed version of an initiative initially established during the Obama administration.

The Obama administration created the United States Digital Service (USDS) in 2014 to improve government technology and address issues like the HealthCare.gov rollout. The Trump administration rebranded and expanded this effort into what is now known as the DOGE, which focuses on government efficiency, cutting waste, and modernizing federal technology.

DOGE, like other government initiatives, has a legal basis for operating with that basis rooted in executive authority and existing budgetary approval through discretionary spending.

The President has the constitutional authority to issue Executive Orders to establish or direct the operations of initiatives such as those tasked to Musk through DOGE. Executive orders do not require congressional approval and can be used to set policy and/or reorganize federal agencies or offices.

Further, the Constitution grants the President broad executive authority to reorganize and manage the Executive Branch as deemed necessary for the efficient operation of the government. This includes creating, rebranding, or repurposing offices or initiatives like DOGE.

Regarding funding sources, DOGE service falls under the Executive Office of the Presidental Budget, and its fiscal year 2025 budget is available for DOGE activities. This budget typically covers staff salaries, technology, and advisory initiatives. Further, agencies hosting DOGE teams can redirect portions of their discretionary funds (Departmental Expenditure Limits, or DELs) to support embedded personnel or system upgrades, as suggested by the framework for efficiency initiatives.

Therefore, DOGE does not require new legislation for its operations. It operates under the existing legal framework that supported its predecessor, the US Digital Service, codified by executive actions and legislation pertaining to government efficiency and techno