At 12:01 pm today, Democracy Forward and CREW filed a lawsuit, seeking a halt to DOGE unless and until it comes into compliance with law regulating “federal advisory committees.” Here’s the complaint, which I will explain a bit in this thread. https://democracyforward.org/wp-content/uploads/2025/01/DOGE-FACA-Lawsuit-1.20.25.pdf 1/ #LawFedi
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Democracy Forward spearheads legal actions for a consortium of pro-democracy groups, several of whom are named plaintiffs along with CREW. The suit shows the value of sophisticated pro-democracy legal actions, though of course with the federal judiciary and Supreme Court riddled with Trump minions, we can’t know if rule of law will hold. 2/
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At the heart of the complaint is the Federal Advisory Committee Act (FACA), a 1972 law Congress passed to curb Executive Branch use of secretive and unnecessary “advisory committees.” Congress wanted to make sure that industry and special interests couldn’t unduly make or influence executive policy and operations. 3/
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FACA imposes procedural and substantive requirements to ensure advisory committees are kept to a minimum; have a balanced membership reflecting all those likely to be affected by any agency working with a committee; and have defined and public objectives, budgets, and operations. 4/
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By law, advisory committees must provide for public input and make their own records publicly available. 5/
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As you can imagine, the Democracy Forward-CREW complaint notes the secretive, ad hoc, unrepresentative nature of DOGE and its stated objectives to influence OMB, an agency whose decisions affect practically every member of the public. 6/
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Hence, the complaint argues, DOGE must suspend all activity unless and until it complies with FACA. 7/7
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P.S. You can sign up for the Democracy Forward newsletter https://democracyforward.org/. Strongly recommended.
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@heidilifeldman thank you again
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