Not sure whether the Elon/Vivek "DOGE" frolic is going to raise more Anti-Deficiency Act issues (by doing stuff) or Federal Advisory Committee Act issues (by proposing stuff). But it'll sure be a litigation bonanza, either way...Steve Vladeck on Blue Sky.
The GAO on the Anti-Deficiency Act:
This act prohibits federal agencies from obligating or expending federal funds in advance or in excess of an appropriation, and from accepting voluntary services.The Department of Government Efficiency is, or rather, will be, an advisory group to the OMB. If it is covered by the Anti-Deficiency Act, Elmo’s search for “volunteers” is null and void. If it’s an advisory committee, it’s covered by FACA (Federal Advisory Committee Act), which imposes a laundry list of requirements. Just the kind of thing I’m sure Elmo will complain is “inefficient.”
I predict serious boredom setting in almost immediately, as Elmo finds out he can’t play with his new toys. Sooner, even, as he finds out there aren’t any toys, just lots of bureaucracy and record keeping. You know, the kind of stuff government actually functions on. 🧸
So is Congress going to repeal all these laws and regulations, in between recessing so Trump can do whatever he likes?
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