League Joins Partners in Urging Congress to Investigate Illegal Actions of Elon Musk and DOGE

Dear Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries:

We, on behalf of 119 national organizations, write to you with grave concerns about the extent to which Elon Musk and representatives of the so-called Department of Government Efficiency (DOGE) have gained access to critical government operations, systems, and information without authorization. There have been multiple reports over the last two weeks of Musk’s team illegally interfering and disrupting essential government operations; obtaining access to systems that contain sensitive private information of millions of Americans; and obtaining access to Treasury Department systems responsible for federal payments. We demand that Congress immediately investigate Elon Musk and DOGE activities to ensure that Americans’ private, personal information have not been compromised and that operating systems continue to function without disruption. We further demand that Congress determine whether Elon Musk or his representatives at DOGE have violated the law by accessing protected or classified information without authorization or violated the temporary restraining orders (TROs) issued by district courts in Rhode Island and Washington, D.C. – and reaffirmed by the extension of the temporary restraining order on February 3, 2025 in D.C. by U.S District Judge AliKhan – in response to the January 27, 2025, Office of Management and Budget (OMB) memo attempting to freeze or cut funding appropriated by Congress.

Millions of Americans are likely to be harmed if Elon Musk and DOGE are allowed to continue to infiltrate and take over critical government systems. The risks include missed Social Security payments to seniors, disruptions to Medicaid or Medicare, delays in pay to federal employees or businesses, to name only a few of the devastating ways Americans may be affected. There is also a risk of private or classified information being leaked or misused for political purposes or to forward the personal interests of Elon Musk. We demand that you take action immediately to protect your constituents, our democracy, and the rule of law.

Elon Musk, an unelected billionaire, and DOGE are operating outside of the law

On November 12, 2024, President-elect Donald Trump selected Elon Musk to lead DOGE, which while called a “department” has not been authorized or funded by any act of Congress.

On January 20, 2025, President Trump began implementing his “DOGE Agenda” by repurposing the United States Digital Service and creating a new temporary organization. However, the structure of DOGE and Elon Musk’s official responsibilities as the head of DOGE remain a mystery: he has not been elected to any political office, confirmed by the Senate, or (as far as can be determined from public communications) hired as a federal employee. The Trump administration has remained silent on his current employment status, his specific duties, and the application of conflict of interest rules to Musk. With massive conflicts of interest and business interests spanning across multiple federal agencies, Elon Musk is legally prohibited from accessing the very type of private and financial information he has sought to obtain at the Treasury Department, Office of Personnel Management (OPM), and other agencies.

It has also been reported that DOGE representatives (who also may not be federal employees) may have accessed classified information and gained access to secure spaces at U.S. Agency for International Development (USAID) and potentially other agencies. To our knowledge, Musk and most of the individuals working for DOGE—some of whom may be teenagers—have not been granted the necessary security clearances to access sensitive or classified information. This is a national security threat that Congress must investigate immediately, especially when considering that DOGE representatives have been alone in some cases, having physically isolated themselves from other career staff, and have also been seen plugging in external hard drives at multiple agencies. We must have a full account of which individuals had access to what information, and what if any information was collected or shared outside of secure agency spaces and networks.

As you know, in response to the January 27, 2025, OMB memo attempting to illegally freeze federal grants, loans, and financial assistance, two courts have stepped in to block not only the
original OMB memo from being implemented but any effort that seeks to do the same. While the Trump administration has officially rescinded its memo, its actions demonstrate that it  continues to implement the spirit of the memo and confirms what Chief Judge John J. McConnell, Jr. of the United States District Court of Rhode Island stated when he granted a temporary restraining order (TRO) on January 31, 2025:

"The defendants now claim that this matter is moot because it rescinded the OMB Directive. But the evidence shows the alleged rescission of the OMB Directive was in name-only and may have been issued simply to defeat the jurisdiction of the courts. The substantive effect of the directive carries on. [Emphasis added.] "Despite clear orders in the TRO preventing the  Administration from “giving effect to the OMB Directive under any other name or title or through any other Defendants (or agency supervised, administered, or controlled by any Defendant),” DOGE has apparently disregarded the court orders and has instead continued to freeze and cut programs. Indeed, Elon Musk has publicly indicated in the days following the TRO that DOGE has “shut down” payments for programs for which Congress has appropriated funding, which would be a violation of the TRO and could place him and others at DOGE in criminal contempt of court.

This is a critical moment for our country, our democracy, and for the rule of law. Congress has a duty under our Constitution to assert and protect its own spending power and exercise its
oversight functions to ensure that the Executive Branch does not overreach or abuse its power. What we have seen from Elon Musk and DOGE indicates an astounding disregard for the law. We demand that Congress act immediately to investigate the full scope of activities undertaken by Elon Musk and his representatives.