By Lambert Strether of Corrente.<\/strong><\/em><\/p>\n \u201cA nation,\u201d he heard himself say, \u201cconsists of its laws. A nation does not consist of its situation at a given time. If an individual\u2019s morals are situational, that individual is without morals. If a nation\u2019s laws are situational, that nation has no laws, and soon isn\u2019t a nation.\u201d \u2013Milgrim, Spook Country<\/em> (William Gibson)<\/p>\n Of all the strange creatures engendered during the interregnum between Trump\u2019s election and his inauguration, the strangest of all must be DOGE[1] (the Department of Government Efficiency): Nobody (including Grok) seems to know what it is! I\u2019m not entirely clear what that means for \u201ckeeping\u201d The Republic<\/a>, but it can\u2019t mean anything good, as I will discuss briefly in the Conclusion to the post. <\/p>\n DOGE\u2019s origin story begins on August 19, on the campaign trail<\/a>:<\/p>\n Asked if he would consider naming Musk to an advisory role or cabinet job, Trump said he would. \u201cHe\u2019s a very smart guy. I certainly would, if he would do it, I certainly would. He\u2019s a brilliant guy,\u201d Trump said.<\/p>\n<\/blockquote>\n Elon[2] responded with the following I am willing to serve pic.twitter.com\/BJhGbcA2e0<\/a><\/p>\n \u2014 Elon Musk (@elonmusk) August 20, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> <\/p>\n Trump vollyed back on September 5<\/a>:<\/p>\n Speaking at the Economic Club of New York on Sept. 5, Trump restated his support for the digital asset [sic] industry.<\/p>\n Trump said that, if elected, he would eliminate a minimum of ten old regulations for one new regulation\u2026 Trump went on to thank Tesla CEO Elon Musk for his endorsement adding, \u201cI will create a government efficiency commission tasked with conducting a complete financial and performance audit of the entire federal government, making recommendations for drastic reforms.\u201d\u2026 \u201cElon, because he is not very busy, has agreed to head that task force. If he has the time he\u2019s a good one to do it and he has agreed to do it.\u201d<\/p>\n<\/blockquote>\n To which Elon responded:<\/p>\n I look forward to serving America if the opportunity arises. <\/p>\n No pay, no title, no recognition is needed. https:\/\/t.co\/5PSNtjBQn7<\/a><\/p>\n \u2014 Elon Musk (@elonmusk) September 5, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> <\/p>\n (It\u2019s worth noting that at its inception, some considered the DOGE proposal a jape<\/a>, since it boosted the DOGE coin<\/a>, Elon\u2019s favorite cryptocurrency.)<\/p>\n And here is the official announcement<\/a>, on November 12:<\/p>\n President-elect Donald Trump named tech billionaire Elon Musk and conservative activist Vivek Ramaswamy[3] on Tuesday to head up a new Department of Government Efficiency, fulfilling a campaign pledge to give Musk sweeping oversight of government spending.<\/p>\n Trump said Tuesday that the new department would exist \u2018outside of Government,\u2019 giving advice to those in the White House about overhauling federal agencies. The arrangement would also be likely to allow Musk and Ramaswamy to continue working in the private sector and serve without Senate approval.<\/p>\n<\/blockquote>\n (A \u201cdepartment\u201d that exists \u201coutside of Government\u201d is a lot like a fish that swims \u201coutside of water.\u201d)<\/p>\n Finally, on November 20, Elon and Ramaswamy jointly penned an Opinion column in the Wall Street Journal, \u201cElon Musk and Vivek Ramaswamy: The DOGE Plan to Reform Government<\/a>, which is well worth a read, but their plans are outside the scope of this post. <\/p>\n Rather, I will first show DOGE\u2019s extremely ill-defined nature, as shown by media coverage; then I will look at actions undertaken by DOGE; I will then ask Grok \u2014 who better placed to \u201cknow\u201d? \u2014 under what authority such actions can be taken; and then conclude.<\/p>\n DOGE\u2019s Ill-Defined Nature, As Shown by Press Coverage<\/strong><\/p>\n In this section, I have curated \u2014 artisanally, I hasten to add \u2014 links to articles in which the press struggles to name what sort of enity DOGE is, from November 12 up to the present. <\/p>\n 11\/12\/2024, WaPo<\/a>: \u201ca new commission\u201d; 11\/12\/2024, WaPo<\/a>: \u201d a new government spending commission; 11\/12\/2024, The Hill<\/a>, \u201can advisory group\u201d; 11\/13\/2024, Vox<\/a>: \u201cpresidential advisory commission or task force\u201d; 11\/13\/2024, MSNBC<\/a>, \u201cquasi-governmental group\u201d; 11\/13\/2024, Fortune<\/a>: \u201ca newly created entity \u2026.not a real department\u201d; 11\/13\/2024, CBT News<\/a>: \u201cthe department will operate outside of traditional government structures\u201d; 11\/14\/2024, Independent<\/a>, \u201cthe new office\u201d; 11\/14\/2024, The Register<\/a>: \u201ca commission in everything but name\u201d; 11\/14\/2024, CBS<\/a>: \u201cnot an official government department\u201d; 11\/21\/2024, Associated Press<\/a>: \u201cnascent organization\u201d; 11\/22\/2025, Politico<\/a>: \u201can advisory commission outside government\u201d; 11\/24\/2024, WaPo<\/a>: \u201can advisory panel\u201d; 12\/5\/2025, Roll Call<\/a>, \u201cunofficial advisory panel\u201d; 12\/5\/2024, Daily Mail<\/a>: \u201cagency\u201d; 12\/6\/2024, Fortune<\/a>: \u201cadvisory board\u201d; 12\/6\/2024, Gibson Dunn<\/a>: \u201can entity\u201d; 12\/6\/2024, CNN<\/a>: \u201cadvisory board\u201d; 1\/6\/2025, Forbes<\/a>: \u201can advisory commission\u201d; 1\/7\/2025, Scientific American<\/a>: \u201cmore an advisory group, really\u201d; 1\/7\/2025, The Hill<\/a>: \u201cmythological\u2026 pure legal fiction\u201d; 1\/8\/2025, CBS<\/a>: \u201cgroup\u2026 not an official federal department\u201d; 1\/8\/2025, FOX<\/a>: \u201ca blue-ribbon committee\u201d; 1\/9\/2025, NBC<\/a>: \u201cbudget-cutting effort\u201d; 1\/9\/2025, Common Dreams<\/a>: \u201cso-called Department\u201d; 1\/9\/2025, CNBC<\/a>: \u201ca new advisory body\u201d; 1\/10\/2025, Daily Mail<\/a>: \u201ca private entity\u201d; 1\/10\/2025, Reuters<\/a>: \u201cthe department\u201d; 1\/10\/2024, @doge_eth_gov<\/a>: \u201d a community run project and is no way associated with any government agency\u201d; and 1\/11\/2025, Decrypt<\/a>: \u201ca new U.S. government initiative.\u201d <\/p>\n And the following take DOGE\u2019s nature as entirely unproblematic, and simply use the acronym: 12\/24\/2024, Daily Mail<\/a>; 1\/3\/2024, Responsible Statecraft<\/a>; 1\/7\/2025, Cato Institute<\/a>; 1\/10\/2025, The New Republic<\/a>. <\/p>\n However, I would submit that a term with as much slop as shown here cannot be treated as unproblematic: A \u201cgroup,\u201d for example, commonly refers to an NGO, whichi is not the same as a commission, and a commission is not the same as the much more informal panel.<\/p>\n So, as I said in the introduction: Nobody knows what DOGE is. In consequence, nobody knows what authorities DOGE has, or why.<\/p>\n Current Actions Undertaken by DOGE<\/strong><\/p>\n Despite its ill-defined nature, the Senate has already set up a DOGE caucus under Jodi Ernst<\/a>, and the House has set up subcommittee headed by Marjorie Taylor Green<\/a>. More interestingly, or problematically, DOGE is hiring: <\/p>\n On its X account Monday, DOGE announced it is currently recruiting a \u201cvery small number\u201d of full-time salaried software and info security engineers. The account also posted on Dec. 27 that it plans to hire for full-time human resources, IT and finance positions.<\/p>\n \u201cIf interested, please DM us a few bullet points demonstrating exceptional ability, and your cell phone number,\u201d the post reads.<\/p>\n<\/blockquote>\n DOGE also has office space<\/a>:<\/p>\n The newly minted Department of Government Efficiency (DOGE) already has 50 employees working in Washington, D.C., sources confirmed to the Washington Post.<\/p>\n Working out of SpaceX\u2019s offices, the new employees are already hard at work examining different areas to lessen federal spending.<\/p>\n<\/blockquote>\n DOGE is also sending out peronnel to interview Federal officials:<\/p>\n U.S. President-elect Donald Trump\u2019s aides with the Department of Government Efficiency (DOGE) have spoken with staffers at more than a dozen federal agencies to begin preliminary interviews, The Washington Post reported on Friday.<\/p>\n The agencies include the Treasury Department, the Internal Revenue Service, Homeland Security, Veterans Affairs, and Health and Human Services, the newspaper said, citing four people familiar with the matter.<\/p>\n \u2026 Musk and Ramaswamy have stepped up hiring for DOGE, with more than 50 staffers already started working out of the offices of SpaceX, which Musk owns, The Washington Post reported. DOGE aims to have close to 100 staffers in place by Trump\u2019s inauguration on Jan. 20, according to the report.<\/p>\n<\/blockquote>\n Well and good. But under what authority does an \u201centity\u201d like DOGE cut a payroll check, or sign an agreement for the use of office space?[4] To find out, I asked Elon\u2019s What Elon Musk\u2019s Grok Says About Elon Musk\u2019s DOGE<\/strong><\/p>\n Because Grok is so very prolix, I have edited down the exchanges. The full transcript is in Appendix C. <\/p>\n Is DOGE (the Department of Governmental Efficiency) a 501(c)(3) non-profit organization?<\/em><\/p>\n According to posts on X, it appears that DOGE, the Department of Governmental Efficiency, is not currently structured as a 501(c)(3) nonprofit organization. Recent discussions indicate that there was consideration by top officials to incorporate DOGE as an external entity or nonprofit, but it seems unlikely at this point. Therefore, based on the available information, DOGE does not hold the status of a 501(c)(3) non-profit organization.<\/p>\n How is DOGE structured?<\/em><\/p>\n The structure of the Department of Government Efficiency (DOGE) appears to be quite fluid and not fully formalized as of January 2025. <\/p>\n Does DOGE have a payroll?<\/em><\/p>\n DOGE did not have a payroll in its early stages, as it sought volunteers willing to work without compensation.<\/p>\n As of early January 2025, DOGE is beginning to establish a payroll for a \u201cvery small number\u201d of full-time salaried positions, but specifics on how extensive this payroll will be or the compensation details are not clear from the available sources.<\/p>\n Who signs DOGE\u2019s payroll checks?<\/em><\/p>\n Based on the information available, the specifics regarding who signs the payroll checks for the Department of Government Efficiency (DOGE) are not explicitly detailed.<\/p>\n Who authorized DOGE to use SpaceX office space? If there is a rental agreement, who signed it on DOGE\u2019s behalf?<\/em><\/p>\n The authorization for DOGE to use SpaceX office space can be inferred from the context\u2026.<\/p>\n Is DOGE subject to the Federal Advisory Committee Act (FACA)<\/em><\/p>\n Based on the available information, the Department of Government Efficiency (DOGE), as structured, is indeed subject to the Federal Advisory Committee Act (FACA).<\/p>\n Grok\u2019s output agrees with my own reading (listed in the previous section). So what we have here is an entity \u2014 whose agents are swanning about Washington, DC, interviewing civil servants \u2014 that is not a non-profit, at best has a \u201cfluid\u201d structure, emits paychecks signed by a person or persons unknown, and which occupies office space whose owner can be at best \u201cinferred.\u201d Doesn\u2019t that seem a little odd?<\/p>\n Conclusion<\/strong><\/p>\n As we might expect, Elon pledged \u201cmaximum transparency\u201d in his new DOGE role<\/a>, so it comes as no surprise that there\u2019s no transparency at all, as shown by Grok\u2019s answers to my questions. So no wonder CREW is suing<\/a>\u2026 well, they can\u2019t sue DOGE, because nobody knows what DOGE is, but they have<\/em> sued DOGE\u2019s potential interlocutors:<\/p>\n In December 2024, CREW requested records from 62 government agencies, agency components, and agency inspectors general pertaining to any communications that Musk, Ramaswamy, or other individuals reportedly involved in DOGE, Antonio Gracias, William (Bill) McGinley and Steve Davis, had with agency employees, as well as any communications between the agencies and any individuals acting on on their behalves. The requests also seek records pertaining to anyone who has an association with DOGE or the so-called \u201cDelivering Outstanding Government Efficiency\u201d Caucus, a group established within Congress which plans to collaborate with DOGE. The agencies CREW requested records from include the Department of Homeland Security, Department of Defense, Department of Health and Human Services, Immigration and Customs Enforcement, FEMA, the EPA, the FDA, the IRS and others.<\/p>\n Only Congress has the authority to create a new federal agency, and it is unclear what ethics and transparency standards, if any, Musk, Ramaswamy and others affiliated with DOGE are being held to.<\/p>\n<\/blockquote>\n Note that if indeed DOGE is subject to FACA, as Grok claims it is (and mega-law firm Gibson-Dunn agrees<\/a>) then there are standards to which DOGE must adhere, and is not. We looked at FACA extensively in our investigations of CDC\u2019s HICPAC<\/a>. In particular<\/a>:<\/p>\n The Federal Advisory Committee Act requires advisory committees to make available for public inspection written advisory committee documents, including pre-decisional materials such as drafts, working papers and studies.<\/p>\n<\/blockquote>\n So I and many others would very much like to see the \u201cpre-decisional materials\u201d that DOGE created before its agents fanned out across the Federal government.<\/p>\n Here, however, is what I found most worrisome. Under what authority is DOGE renting office space, signing payroll checks, and interviewing civil servants? Certainly no institutional authority, as we have seen. The only kind of authority under which DOGE is operating, then, is \u201ccharismatic authority,\u201d defined as follows<\/a>[6]:<\/p>\n Charismatic authority is one of the classifications of authority that make up sociologist Max Weber\u2019s tripartite classification of authority<\/a>, alongside traditional authority<\/a> and rational-legal authority<\/a>.<\/p>\n Charismatic authority was defined by Weber as: \u201cresting on devotion to the exceptional sanctity, heroism or exemplary character of an individual person, and of the normative patterns or order revealed or ordained by him.\u201d<\/p>\n The personal qualities of the individual are central to the concept of charismatic authority and it is the individual\u2019s real or perceived elevation above \u2018normal\u2019 people that fuels other peoples\u2019 acceptance of their authority. Some commentators suggest that narcissism<\/a> is a core trait in charismatic leaders.<\/p>\n Charismatic authority is an interesting case because its success is not reliant on external formal structures or norms, as is the case with the other two forms of authority. Because of this, power structures that rely on charismatic leaders to succeed may dissolve should the leader die or leave<\/p>\n<\/blockquote>\n In other words, DOGE is able to do what it does based on the charismatic authority of one man: Elon.<\/p>\n History should teach us to be very leery of extra-Constitutional entities, parallel to existing institutions, and driven by the charismatic authority of a single individual. That\u2019s dangerously close to fuhrerprinzip<\/em>, and even if Trump straightens out Elon\u2019s DOGE mess with one of the the 100+ executive orders he\u2019s going to roll out on his first day in office<\/a>, DOGE as it is today has already set a terrible, terrible precedent.<\/p>\n NOTES<\/strong><\/p>\n [1] Not the DOGE Inc. to be found in Dun and Bradsteet<\/a>, doing business as Spring Garden Flower Shop in San Antonio, TX.<\/p>\n [2] I\u2019m going to call Elon Musk \u201cElon,\u201d even though my usual practice would be \u201cMusk,\u201d because Elon\u2019s all over my timeline like a cheap suit.<\/p>\n [3] Ramaswamy criticized the deplorable aspects of American culture on December 28:<\/p>\n The reason top tech companies often hire foreign-born & first-generation engineers over \u201cnative\u201d Americans isn\u2019t because of an innate American IQ deficit (a lazy & wrong explanation). A key part of it comes down to the c-word: culture. Tough questions demand tough answers & if\u2026<\/p>\n \u2014 Vivek Ramaswamy (@VivekGRamaswamy) December 26, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> <\/p>\n Since then, he\u2019s been curiously silent, presumably because Susie Wiles gagged him.<\/p>\n [4] And who gets sued if some hapless pedestrian gets run over by a DOGE staffer?<\/p>\n [5] I fully expect much of the text emitted by Grok to be proven false, but I want to get it on the record. I also assume that anything in Grok pertaining to Elon\u2019s interest is likely to be gamed.<\/p>\n [6] Readers, I apologize for not finding the original Weber, but I\u2019m tickled to find this material on a human resources site.<\/p>\n APPENDIX A The DOGE Memecoin<\/strong><\/p>\n Grok is big brain \ud83e\udde0 pic.twitter.com\/EcA13KTtLq<\/a><\/p>\n \u2014 Dime (@dimetoshi) January 11, 2025<\/a><\/p>\n<\/blockquote>\n <\/center> <\/p>\n APPENDIX B \u201cDOGE\u201d in Context<\/strong><\/p>\n The memecoin, hence presumably the entity, is pronounced<\/a> \u201c\/do\u028ad\u0292\/,\u201d like the Venetian head of state, and not \u201cdoggy\u201d (which is odd, since the avatar of the coin was a Shiba Inu dog). With that license, readers may choose to see the following artwork as a progression:<\/p>\n Corno ducale, c. 1675-1699, as worn by the Doge of Venice. A new one was presented to the Doge every Easter Monday, after a procession from San Marco to the convent.<\/p>\n (V&A, London) pic.twitter.com\/asgIFrxNgs<\/a><\/p>\n \u2014 John McCafferty (@jdmccafferty) December 9, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> The Doge’s Palace (Le Palais ducal), 1908 \u2014 Claude Monet (@artistmonet) March 11, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> 2\/2 The other great Doge portrait: Leonardo Loredan by Giovanni Bellini, ca. 1501. Just so you know. pic.twitter.com\/D89Q5qYQSx<\/a><\/p>\n \u2014 Dr. Peter Paul Rubens (@PP_Rubens) August 27, 2024<\/a><\/p>\n<\/blockquote>\n <\/center> The Execution of the Doge Marino Faliero https:\/\/t.co\/w6VkZFGLCy<\/a> pic.twitter.com\/WJtxcz5mvw<\/a><\/p>\n\n
AI slop<\/del> post:<\/p>\n\n
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slave<\/del> pet AI, Grok[5].<\/p>\n\n
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Hand-made by the nuns of the Convent of S. Zaccaria.<\/p>\n
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More Monet \ud83d\udc49 https:\/\/t.co\/IJa53htaI3<\/a> pic.twitter.com\/hQHX8XQUK5<\/a><\/p>\n
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