A leading ethics watchdog has issued warnings to Donald Trump’s billionaire ally Elon Musk and the “department of government efficiency” (Doge), an agency Trump has stated he will create, claiming its use of encrypted messaging apps potentially violates the Federal Records Act (FRA).
American Oversight, which uses litigation to obtain public records and expose government misconduct, argues that Musk’s leadership of Doge raises “significant ethical concerns about potential conflicts of interest”, given his business empire and the substantial impact that Doge could have on federal agencies.
The warnings stem from reports that members of Doge, which aims to carry out dramatic cuts to the US government, are using encrypted messaging app Signal with an auto-delete feature, which could hinder the preservation of official records.
On Wednesday the watchdog sent letters to Musk, Doge, the “US DOGE Service” (formerly the United States Digital Service) and the Departments of Defense, Health and Human Services, Homeland Security, Treasury, Veterans Affairs and the office of management and budget.
American Oversight also notified the National Archives and Records Administration, urging the archivist to take legal action through the attorney general if records are unlawfully removed or destroyed.
American Oversight argues that all written communications related to Doge activities, both before and after Trump’s inauguration on Monday, are federal records that must be preserved. The FRA requires agencies to preserve federal government records documenting their activities, decisions and policies.
Chioma Chukwu, the group’s interim executive director, commented: “Efforts are clearly underway to conceal information that would expose the Trump administration’s plans to gut critical services that benefit the American people, and Doge – led by unelected billionaires poised to benefit from their self-serving machinations – is no exception.”
She added: “Transparency and accountability are non-negotiable. That is why we have put the administration on notice: comply with your obligation to preserve all Doge-related records, or defend that secrecy in court.”
The group has a history of suing the Trump administration for non-compliance with record transparency, including documents exposing Rudy Giuliani’s communications about Ukraine, copies of forged electoral vote certificates in 2020 and records revealing preventable deaths of immigrants in Immigration and Customs Enforcement custody. More recently it has brought lawsuits concerning Trump nominees Matt Gaetz and Kash Patel.
Doge has ambitious goals of eliminating entire federal agencies and cutting three quarters of federal government jobs. Failed Republican presidential candidate Vivek Ramaswamy was a co-chair but has left to reportedly run for governor of Ohio.
An executive order, announced by the White House late on Monday, stated the group’s aim to “modernize federal technology and software”. Trump told reporters there were plans to hire about 20 individuals to ensure the implementation of the group’s objectives.
But the committee, despite its name, is not a department and has limited official power to carry out any re-organisation, let alone the sweeping cuts proposed by Musk and Ramaswamy.
Government employee unions, watchdog groups and public interest organizations sued within minutes of the announcement. Another watchdog group, Public Citizen, is suing over the Doge’s uncertain legal status, along with a union representing government employees.
