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How Legal Is DOGE?

President Barack Obama created a government agency to deliver a “better government experience.” Relying on a small team of tech experts, this agency would streamline, solve, and enhance efficiency.

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GettyImages-2200647276 DOGE
(Photo by Tierney L. Cross/Getty Images)
In this story 03
  1. Is It DOGE They Hate, or Its Leaders?
  2. Attacks Mount
  3. A Time Sensitive Operation

It was called the United States Digital Service (USDS), and it’s the framework upon which President Donald Trump built the Department of Government Efficiency, or DOGE.

In his January 20 executive order, President Trump wrote:

“Sec. 3. DOGE Structure. (a) Reorganization and Renaming of the United States Digital Service. The United States Digital Service is hereby publicly renamed as the United States DOGE Service (USDS)”

The initial agency, USDS, received its funding from Congress and added hundreds of full-time employees to the federal government, spread out through many agencies. DOGE is the same agency, just under a slightly different name, and so it falls in line with current laws. Still, many Democrats claim it’s an agency of corruption.

Is It DOGE They Hate, or Its Leaders?

The broadest cases and accusations against the US DOGE Service (USDS) claim that its existence is fundamentally illegal. Of course, if this were true, then it would have been true for the last ten years – not just since President Trump changed the name and refocused it.

Many of the attacks against President Trump’s DOGE seem to be focused on the fact that he’s the one who created it and that he named Elon Musk to lead it. “This administration stands for corruption,” said Representative Jamie Raskin, a Democrat from Maryland. “And what Elon Musk is doing in Washington is all about expanding corruption. He’s not the enemy of corruption. He’s the agent of corruption.”

GettyImages-2198799607 DOGE
(Photo Illustration by Thomas Fuller/SOPA Images/LightRocket via Getty Images)

Representative Maxwell Frost, a Democrat from Florida, raised the issue of oversight: “I think we need to be doing a lot more oversight in terms of what DOGE is doing.” He continued: “We should all be concerned about the fact that Elon Musk and his small team of, uh, DOGE, uh, you know, coders have absolutely zero oversight.”

Many argue that a tech billionaire shouldn’t be in charge of a government agency, or that the head of such an agency shouldn’t be appointed by the president without congressional oversight. But that’s how USDS worked. Matt Cutts, a wealthy Google tech professional, was given the top spot at the agency under Obama, and he held that position until 2021. Under President Joe Biden, in 2021, the leadership of USDS was changed to a presidential appointment, not requiring congressional approval.

Attacks Mount

Many legal attacks have been launched against Trump’s version of DOGE. There’s a 14-state lawsuit claiming the power given to Musk by Trump is unconstitutional. A federal judge ordered that DOGE’s freeze on foreign aid end. Another judge ruled that President Trump can’t send home from work more than 2,000 employees of the US Agency for International Development (USAID).

Those are just a few of more than two dozen legal actions against DOGE. Congressional Democrats also hope to launch their own attacks. Senate Minority Leader Chuck Schumer, a Democrat from New York, hosted a protest against DOGE.

A Time Sensitive Operation

“The final step of @DOGE is to delete itself,” wrote Elon Musk on Dec. 2 last year. That’s not an ambition – it’s a built-in feature of the executive order that turned the United States Digital Service into the United States DOGE Service. In fact, come Independence Day next year, it will be lights out for President Donald Trump’s efficiency machine, regardless of whether it has accomplished its goal.

July 4, 2026, is the 250th anniversary of when the Declaration of Independence was signed – America’s birthday. Almost one and a half years of DOGE efforts – if the current trajectory holds – indicate a potential saving of $1.8 trillion ($100 billion per month).

Government

Try a quiz based on this article

8 questions · about 3 minutes
01

What does DOGE stand for?

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Department of Government Efficiency.

02

Which former president created the government agency called USDS that performed similar duties as DOGE?

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Barack Obama.

03

Which tech billionaire is the leader of DOGE?

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Elon Musk.

04

Those chosen to lead these government agencies are legally appointed by the president rather than elected by the people or approved by Congress.

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True.

05

Legal action taken against DOGE resulted in a federal judge demanding that the _________ must end.

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Freezing of foreign aid.

06

No matter what DOGE finds or doesn’t find, one feature of the program is to delete itself by:

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July 4, 2026.

07

Based on what has been discovered so far, the DOGE agency is on track to find approximately ______in wasteful spending by the federal government.

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$1.8 trillion.

08

Many Democrats feel that the DOGE program is unconstitutional and illegal.

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True.

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Written by

Mark Angelides

Mark Angelides is editor-in-chief of Liberty Nation.com and Generation Liberty. Hailing from the UK, he specializes in EU politics and provides a conservative/libertarian voice on all things from across the pond. During the Brexit Referendum campaign, Mark worked to promote activism, spread the message and secure victory.

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