Is DOGE an Illegally Formed Agency? Trump and Elon Musk’s Legal Nightmare
Donald Trump announced the Department of Government Efficiency (DOGE), appointing Elon Musk as its head—but there’s one major problem: DOGE is an illegally formed agency.
When Donald Trump stood before Congress and casually announced the creation of the Department of Government Efficiency (DOGE)—headed by none other than Elon Musk—it may have sounded like just another political spectacle. But here’s the problem: it’s completely illegal.
The creation of a new government agency requires an act of Congress—not just a presidential decree. And appointing someone like Musk as its leader? That’s another violation altogether. In his own words, Trump may have just incriminated himself, Elon Musk, and his entire administration in a high-stakes legal disaster that could unravel their entire operation.
So, what happens next? And why haven’t Democrats sounded the alarm yet? Let’s break it down.
Trump touted:
“And to that end, I have created the brand-new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it. Perhaps. Which is headed by Elon Musk, who is in the gallery tonight.”
I think it's very important that people understand the illegality of DOGE (the "Department" of Government Efficiency). I spoke about this issue before the inauguration because Trump and Elon can't just create a government agency without Congress. It is 100% illegal. Only Congress, by the creation of a law, can establish a government agency.
The first point I want to make clear and educate you on is this: It is a felony to create a government agency without Congress. The second point: only the Senate can approve the head of an agency.
How did the Trump regime get around this, though? Through the Administrative Procedures Act (APA)—the law that governs the creation, functioning, and rule (not law)-making capacity of a government agency. The APA states that existing agencies can be rebranded and their activities adjusted to a certain extent, but the scope of their activities must stay within the bounds of the law (made by Congress) that created them. Source
To address the first point of order:
The office they just unilaterally took over was originally meant for fixing websites, essentially—more specifically, modernizing federal technology and software. (Source)
Going through Social Security numbers, firing park rangers, and gutting USAID are not activities within the scope of this legal constraint on their executive action. This is why Trump now faces lawsuits targeting the agency—and Elon Musk in particular.
Why are they coming for Elon Musk in particular?
This brings me to the next part of the rules outlined in the APA.
Donald Trump, during the joint session of Congress, admitted that Elon Musk is the head of the agency. However, this directly contradicts his administration’s sworn affidavits and his PR team’s statements that Elon is merely a "special advisor to the president." They swore another woman was running DOGE. Source
Why does this matter? Because under the law, to be an agency head, Elon Musk would need to be:
Nominated by the president.
Vetted through a rigorous background check.
Questioned extensively by Congress in a committee hearing.
Approved by the Senate.
Running an agency without these steps is illegal. Additionally, an agency head and its budget is accountable to congress, not the president himself. This is a breach of the separation of powers of the Constitution.
Trump just incriminated himself and Elon Musk
In just a few sentences, Donald Trump incriminated himself, Elon Musk, his entire team, and subjected his lawyers to potential disbarment for lying and for illegally creating a "new" agency.
An agency that, in its current form, already operates outside the legal scope of the law that created it—and is illegally run by Elon Musk.
What happens now?
This evidence will be used against Trump, Elon, and his administration in ongoing lawsuits. It will dismantle their current efforts and undo what they've already done. It will also expose them to conspiracy charges and felony investigations.
Why hasn't any Democratic Congress member caught this?
Most likely because they don’t know administrative law or haven’t read the APA.
You have to remember:
Congress creates so many laws that a vast majority of them get struck down for failing to meet constitutional requirements.
Many laws are vague, overreaching, or violate constitutional or state rights.
Many Congress members barely understand the Constitution, let alone the highly technical rules governing agency creation and rule-making procedures.
At the end of the day, they’re human.
This is a turning point
This is the opportunity to hold them accountable on a specific and narrow issue. Once this issue is established, all the dominoes fall into place. Due process must be followed, and all legal remedies must be exhausted.
If the government fails to hold Trump, Musk, and the regime accountable, we then enter a constitutional crisis—and that’s when things could escalate into civil war.
This might sound extreme, but it’s completely possible.
The wheels of justice must turn. Our elected officials must do their jobs.
Summary of the Legal Issues & Actions To Come:
🚨 Legal Crisis: Trump’s Illegal Agency Creation & False Affidavits 🚨
During a Joint Session of Congress, Donald Trump confessed to illegally creating a new government department with Elon Musk as its head—despite having sworn under oath in affidavits that Musk was merely a special government employee.
🔹 Why This Is Illegal📜 Violating the Constitution: The creation of federal departments requires an Act of Congress (Article I, Sec. 8). A president cannot unilaterally establish an executive agency with independent authority.💰 Misuse of Federal Funds: Funding for government departments must be congressionally approved (Article I, Sec. 9). Unauthorized spending = misappropriation of funds, a criminal offense.
🔹 Potential Crimes & Consequences⚖️ False Statements & Perjury (18 U.S.C. § 1001) – Lying on sworn affidavits to Congress and federal agencies is a felony.🛑 Fraud & Conspiracy (18 U.S.C. § 371) – Concealing an illegal agency through fraudulent affidavits could lead to conspiracy charges.🏛️ Abuse of Power & Impeachable Offenses – Engaging in unlawful executive action could be grounds for criminal prosecution & impeachment.
🔹 What’s Next?📌 Congressional Investigation – Expect subpoenas, hearings, and demands for records.📌 DOJ & Special Counsel Inquiry – If proven, Trump & Musk could face serious federal charges.📌 Possible Supreme Court Battle – A case that could define the limits of executive power for generations.
The rule of law is clear: No president is above the law. 🏛️⚖️
Read More From Another Contributor on the fact that DOGE is an illegally formed agency.
Do you think Trump & Elon Musk illegally created DOGE?
Yes - Congress must approve new agencies
No - The President has that power
Not sure - I need more information
It doesn't matter - Nothing will be done about it.
Your Turn! If creating a government agency without Congress is a felony, should Elon Musk and Trump face legal consequences for DOGE—or will they get away with it? Why or why not?
Empowering Affirmations
The law protects my rights.
Justice prevails through legal wisdom.
Knowledge of law is power.
I uphold truth and justice.
The law serves the people.
About The Author: Leslie Juvin-Acker, J.D.
Leslie Juvin-Acker, J.D., is an author, retired celebrity life and career coach, and legal communicator with a deep understanding of administrative law, women's issues, economics, and social justice. Having studied administrative law at NWCU School of Law in California, she specializes in uncovering how legal history has shaped—and continues to shape—the American experience of power, policy, and exploitation.
Leslie’s upcoming book, Bad Laws: How Legal History Reveals The American Character (coming in 2025), dives into the hidden injustices baked into legal history and how they reflect the evolution of American values. Her work empowers people to understand the law, challenge systemic inequalities, and reclaim their rights.
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Are you looking for a thought-provoking, engaging, and insightful guest to discuss law, power, economics, and social justice? Leslie Juvin-Acker, J.D., is available for podcasts, YouTube interviews, media appearances, and panel discussions on topics including:
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