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Musk and Ramaswamy Heading New ‘DOGE’ Prompts Legal and Ethical Concerns: Experts

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President-elect Donald Trump announced Tuesday evening that he will create the Department of Government Efficiency (DOGE), and named billionaire tech mogul Elon Musk and biotech and financial entrepreneur Vivek Ramaswamy as its co-directors. Experts are raising legal and ethical concerns across various issues.

One ethics expert says both Musk and Ramaswamy will have to divest from their extensive financial assets to avoid a federal conflict of interest law.

Professor of Law Richard Painter, who served as the chief White House ethics lawyer under Republican President George W. Bush, issued a warning just hours after Trump’s announcement.

“This is a federal office subject to the financial conflict of interest statute, 18 U.S.C. Section 208. They will both have to divest conflicting financial interests or risk violating a criminal statute,” Painter wrote.

READ MORE: Trump Victory Was ‘Slim’ and Not the ‘Historic Mandate’ Republicans Claim, Analysis Shows

He offered some examples: “Elon Musk must divest X or recuse from government matters affecting social media platforms; he must divest Tesla or recuse from government matters affecting the auto industry, electric batteries, etc.”

Attorney Tristan Snell, the former New York prosecutor who helped secure a $25 million settlement against Trump University, agreed:

“Elon Musk and Vivek Ramaswamy will have to divest their business holdings if they want to join the Trump administration, to avoid violating conflict-of-interest laws. So if Elon takes a job, could he be forced to sell his stock in Tesla? Or could he be forced to sell Twitter?”

Professor Painter also pointed to a CNN report highlighting potential conflicts.

“The announcement of Ramaswamy and particularly Musk, who leads companies with existing, lucrative government contracts, raises immediate questions about potential conflicts of interest,” CNN reported. “It is not immediately clear how the department – which Trump said would ‘provide advice and guidance from outside of Government’ – would operate, and whether a Congress even fully controlled by Republicans would have the appetite to approve such a massive overhaul of government spending and operations.”

CNN also noted that last year Ramaswamy, “who had promised on the campaign trail to eliminate the FBI, the Department of Education and the Nuclear Regulatory Commission, which would lay off thousands of federal workers in the process – released a white paper outlining a legal framework he said would allow the president to eliminate federal agencies of his choice.”

The Daily Beast suggested there could be ways to circumvent the requirements of federal law.

“Trump could … appoint the duo under the Federal Advisory Committees Act, which allows the government to set up groups to provide ‘expert advice, ideas, and diverse opinions to the Federal Government.'”

“This would potentially allow Musk and Ramaswamy to remain advisers instead of federal employees—meaning they would not necessarily be legally required to disclose conflicts of interest like employees of agencies such as the Department of Justice or the Defense Department.”

Other critics are raising additional concerns.

READ MORE: ‘No Excuse’: Dems Have Just Weeks to Get Dozens of Biden’s Judicial Nominees Confirmed

Some have suggested that in general, only Congress, not the President, can create new federal agencies.

The Daily Beast reports, “government agencies can only be created by an act of Congress.”

It appears Trump’s new agency, based on his announcement, may operate out of the Office of Management and Budget (OMB). It is unclear how funding would work.

And while DOGE would suggest where to cut or eliminate funding, generally only Congress can determine how and how much federal funds are spent. It is generally unlawful for the President to decide to not spend funds Congress allocates.

Others are mocking the choice of the new agency’s name.

Attorney and creator of the SHERO political and legal newsletter, Amee Vanderpool, points out that DOGE is “an acronym that is frat boy shout out to cryptocurrency,” and notes that “an official agency cannot be created without Congress.”

NOTUS political investigations reporter Jose Pagliery adds, “Wait, the Elon/Vivek department will be called DOGE? They’re memefying the government. The actual government.”

Those concerns are accurate, as CNBC explains:

Dogecoin “shot higher on Tuesday night, extending its postelection surge after President-elect Donald Trump formally announced the creation of the Department of Government Efficiency, which he referred to as ‘DOGE’ in his statement.

The Daily Beast added that “DOGE” is “a reference to a decade-old meme that was later turned into a cryptocurrency beloved by Musk.”

Musk himself appears to have come up with the idea of a Department of Government Efficiency, in August:

And reinforced it again in September:

He appears to already be thinking about marketing ideas:

Musk also highlighted what he says he sees as “a leaderboard for most insanely dumb spending of your tax dollars. This will be both extremely tragic and extremely entertaining.” He also told a social media user that the “entertainment value will be epic.”

Professor of Law, political commentator, and former U.S. Attorney and Deputy Assistant Attorney General Harry Litman offered this summation: “Oh man, talk about strange bedfellows.”

See the social media posts above or at this link.

READ MORE: ‘What Illegal Corruption Looks Like’: Trump Blasted for ‘Already Breaking the Law’

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‘Disgraceful’: ICE Slammed After Allegedly Pepper-Spraying US Congresswoman

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U.S. Rep. Adelita Grijalva (D-AZ) is accusing U.S. Immigration and Customs Enforcement (ICE) agents of pepper-spraying her in her face while she was at a local Tucson, Arizona restaurant.

Rep. Grijalva in a video on social media said she saw about 40 mostly-masked ICE agents at a restaurant she frequents weekly.

The agents were “in several vehicles that the community had stopped right here, right in the middle of the street, because they were afraid that they were taking people without due process, without any kind of notice.”

READ MORE: Warning Signs Flash as Trump Slump Raises Fears of 2018 Blue Wave Rerun: Conservative

She said that the community was “protecting their people” when she was “sprayed in the face by a very aggressive agent,” and “pushed around by others when I literally was not being aggressive.”

“I was asking for clarification, which is my right as a member of Congress,” she continued. “So, once I introduced myself, once I did, I assumed that it would be a little calmer, but there was literally only one person that was trying to speak to me in any kind of civil tone, and everyone else was being rude and disrespectful, and I just can only imagine if they’re going to treat me like that, how they’re treating everybody else.”

Congresswoman Grijalva said she saw “people directly sprayed,” including “members of our press” and staff members.

She blasted President Donald Trump, saying that he “has no regard for any due process, the rule of law, the Constitution — they’re literally disappearing people from the streets.”

Critics slammed the agents’ action.

READ MORE: Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

U.S. Senator Ruben Gallego (D-AZ) wrote that Rep. Grijalva “was doing her job, standing up for her community.”

“Pepper-spraying a sitting member of Congress is disgraceful, unacceptable, and absolutely not what we voted for. Period,” he added.

“This is unacceptable and outrageous,” observed Arizona Attorney General Kris Mayes. “Enforcing the rule [of] law does not mean pepper spraying a member of Congress for simply asking questions. Effective law enforcement requires restraint and accountability, not unchecked aggression.”

The Bulwark’s Sam Stein noted, “quite the beginning for Grijalva, who wasn’t seated for weeks, [cast] the decisive vote to get the Epstein files, and now has apparently been pepper sprayed in the face by immigration agents.”

Also calling the action “outrageous,” U.S. Rep. Pramila Jayapal (D-WA) wrote: “We are Members of Congress with oversight authority of ICE. Rep Grijalva was completely within her rights to stand up for her constituents. ICE is completely lawless.”

“First they tackle a sitting Senator,” noted U.S. Rep. Adriano Espaillat (D-NY). “Now they’re pepper spraying a Representative. It’s clear ICE is spinning out of control. We will hold the agency accountable.”

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

 

Image via Reuters 

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Warning Signs Flash as Trump Slump Raises Fears of 2018 Blue Wave Rerun: Conservative

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A well-known conservative commentator has a warning for the Republican Party: take action now or face a repeat of the 2018 midterms when the GOP lost 41 House seats in a landslide. And this time, he says, the Senate could go to the Democrats as well.

Award-winning writer and journalist Bernard Goldberg reminded readers at The Hill that in 2018, during President Donald Trump’s first term, “Republicans got walloped … and a good chunk of that had President Trump’s name written all over it.”

Trump’s “approval ratings were in the low 40s, and independents — the folks who usually decide elections — had seen enough. They broke hard for the Democrats,” Goldberg noted. “Now here we are, staring down 2026, and you can almost hear history clearing its throat, getting ready to repeat itself.”

READ MORE: Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

Goldberg noted that Trump’s approval rating is currently the lowest it’s been this term.

“Among Republicans, his support dropped from 91 percent right after the 2024 election to 84 percent last month. Among independents, it cratered — from 42 percent to just 25 percent.”

“If the trend continues,” he warned, “Republicans could be headed for another blue wave — and this time, it could wash away not just the House majority, but control of the Senate too.”

Why?

“It’s the economy — still,” he wrote.

“Trump is out there saying the economy is humming. Biden said the same thing before him. But voters didn’t buy it then, and they’re not buying it now. Why? Because it’s not GDP numbers that matter. It’s affordability,” Goldberg noted.

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

That’s a word that President Trump continues to call a “con job,” while his own administration tries to claim he is focused on.

He pointed to a Karl Rove Wall Street Journal column and wrote: “The Republicans may have ‘avoided disaster’ in Tennessee, but the result should be a wake-up call for Republicans. He’s right.”

Goldberg asked: “will anyone in the Republican Party actually pick up the phone?”

“Because if Republicans don’t wake up — and fast — they’re going to find out the hard way what happens when you keep rerunning the same movie and expecting a different ending. To lose in 2026, all they have to do is nothing. And right now, that’s pretty much what they’re doing.”

READ MORE: Trump Urges Judge Aileen Cannon to Keep Jack Smith Report Secret

 

 

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Trump: Democrats Are Plotting ‘Total Obliteration’ of Supreme Court

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President Donald Trump is claiming that the top priority of Democrats is the “total obliteration” of the U.S. Supreme Court. His remarks came just hours after SCOTUS gave Republicans a 6-3 win along partisan lines, in the form of approving Texas’s redrawn mid-decade congressional maps that could help add five GOP-held seats to the U.S. House of Representatives. A lower court had ruled the redrawn Texas maps were likely racially biased.

Although there are different ways to measure, one study by Court Accountability this fall found that the Supreme Court has ruled in Trump’s favor 90% of the time.

“Most of these wins for the president came from the court’s ‘shadow docket’ slate of opinions — where the court has typically, in the past, only ruled on administrative measures,” according to Truthout. “However, in recent years, the Supreme Court has been making announcements on cases, issuing injunctions or allowances of actions to remain in place, that have the same effect, essentially, as a final decision.”

READ MORE: White House Touts Trump’s ‘Track Record’ on Affordability

On Friday, the president declared that the “Democrats number one policy push is the complete and total OBLITERATION of our great United States Supreme Court.”

“They will do this on their very first day in office, through the simple Termination of the Filibuster, SHOULD THEY WIN THE UPCOMING ELECTIONS,” he wrote.

Trump has strongly advocated for Republicans to eliminate the Senate filibuster.

“The Radical Left Democrats are looking at 21 Justices, with immediate ascension,” he wrote, claiming that Democrats would more than double the current size of the court.

“This would be terrible for our Country. Fear not, however, Republicans will not let it, or any of their other catastrophic policies, happen. Our Country is now in very good hands. MAGA!!!”

Some court reform advocates have suggested the Supreme Court be expanded to 13 justices, one for each of the thirteen U.S. Courts of Appeals.

READ MORE: Trump’s Ballroom Seen as ‘Key Evidence’ He’s Out of Touch as Cost of Living Spikes

 

Image via Reuters 

 

 

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