The so-called “Department of Government Efficiency” is officially a mere advisory commission. But DOGE is nevertheless poised to help restructure the federal government and perhaps upend decades of regulation of everything from vehicle safety to space exploration. Co-chair Elon Musk is one of the most politically powerful private citizens in the country, as evidenced by his role in the recent budget crisis in Washington. Through his wealth and his ownership of X, he has enormous influence over President-elect Donald Trump, lawmakers in Congress and the national narrative.
Musk’s clout and his role as DOGE co-chair are even more significant given the billions of dollars in federal contracts held by his various companies.
Musk’s clout and his role as DOGE co-chair are even more significant given the billions of dollars in federal contracts held by his various companies and the array of federal agencies that regulate those companies. Americans are entitled to know about his communications and activities with the federal government before he and Trump go about overhauling it. That’s why our organization, the State Democracy Defenders Fund, has begun our inquiry into DOGE by filing Freedom of Information Act requests across the federal government.
As leaders of a federal advisory committee, Musk and his co-chair, Vivek Ramaswamy, plan to serve as “outside volunteers, not federal officials or employees. As such, they will not be bound by conflict-of-interest law binding federal employees. But the Federal Advisory Committee Act of 1972 says that such groups must operate with transparency and allow public participation. Our inquiry about Musk’s interests before the federal government is part of the transparency that is required for DOGE to instill public confidence rather than sow distrust.
In announcing the creation of DOGE, Trump wrote that the commission would pave the way for his administration to “dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.” Musk’s companies receive billions of dollars in government contracts. DOGE’s broad mandate could give Musk vast sway over the very same agencies that administer those contracts, as well as agencies investigating his companies.
The scope of the potential problem we are facing is immense. Musk’s companies have been the subject of more than a dozen federal investigations or reviews with various agencies, including the Federal Aviation Administration, the U.S. Fish and Wildlife Service and the National Park Service, the National Labor Relations Board, the Securities and Exchange Commission, the National Highway and Traffic Safety Administration, the Federal Communications Commission and the Federal Trade Commission, among others.
Most recently, Musk reportedly failed to secure from the Air Force “high-level security access” due to “potential security risks,” and he and SpaceX reportedly “triggered” at least three federal reviews for noncompliance with federal reporting protocols in place to ensure the protection of state secrets. Accordingly, we’ve sent our requests for records to all of these agencies — and the agencies with which he or his companies appear to have (or have had) contracts, including NASA, the U.S. Space Force, the Department of Defense, the Air Force and the National Oceanic and Atmospheric Administration.
The possible conflicts of interest are too many to enumerate. The “de facto monopoly” that Musk’s aerospace company SpaceX has on rocket launches should raise flags at the Federal Trade Commission — an agency that is already in Musk’s crosshairs. Even minor changes in an agency’s enforcement priorities or procurement policies could cost — or make — Musk tens or even hundreds of millions of dollars. And given the sheer array of Musk-owned companies, decisions affecting competitors are almost inevitable. Earlier this month, Ramaswamy said that DOGE is already looking at a Department of Energy loan to one of Tesla’s rivals, Rivian Automotive.
The mere appearance of conflict in government can quickly undermine the public’s confidence in its government. A series of press reports indicate that Musk and Ramaswamy have already begun work on DOGE: They’ve been meeting with government officials, developing DOGE’s priorities and targets, and recruiting other technology executives to join the department. They’ve even launched a podcast. Musk has solicited applications on X (formerly Twitter) to join DOGE, with applicants expected to put in 80-hour weeks doing “tedious work…& compensation is zero.” That is why we are beginning our investigation now, a month before the beginning of the new Trump administration. Presidential transitions have extensive contacts with the agencies the new administration will be taking over. If Musk, Ramaswamy or their agents are beginning to work on projects that could benefit them, the public must know. The mere appearance of conflict in government can quickly undermine the public’s confidence in its government. Absent strong ethics controls and adequate oversight mechanisms, Musk’s participation in regulatory and other executive policy decisions could lead Americans to question whether his recommendations are truly in their interest — or in his financial interest. If DOGE’s work has indeed begun, transparency must begin as well. Its leaders’ and agents’ communications with federal agencies are obviously in the public interest. They offer the first glimpse into how Musk and Ramaswamy may use DOGE to attempt to restructure the government — and the extent to which those plans may benefit DOGE’s leaders. Without these records, the public will remain in the dark as Musk and Ramaswamy begin this project, and will therefore not be able to assess whether DOGE will serve the nation — or the interests of a privileged few.
Richard W. Painter
Richard W. Painter was the chief White House ethics lawyer from 2005 to 2007 under President George W. Bush. He is the S. Walter Richey Professor of Corporate Law at the University of Minnesota and is a graduate of Harvard College and Yale Law School.
Virginia Canter
Virginia Canter is chief anticorruption counsel for State Democracy Defenders Fund and former chief ethics counsel for Citizens for Responsibility and Ethics in Washington (CREW).
Gabe Lezra
Gabe Lezra is policy director for State Democracy Defenders Fund, and previously served as federal policy manager and senior counsel for Citizens for Responsibility and Ethics in Washington (CREW). 
