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The DOGE operation, as exposed by ProPublica, reveals a troubling fusion of unchecked corporate influence, administrative opacity, and ideological extremism within the highest levels of government.

The DOGE operation, as exposed by ProPublica, reveals a troubling fusion of unchecked corporate influence, administrative opacity, and ideological extremism within the highest levels of government.

DOGE will not only reshape public institutions in the image of Silicon Valley techno-libertarianism but will also enshrine a two-tiered system of access and influence that disenfranchises everyone...

Pascal Hetzscholdt
June 18, 2025

The Illegality, Unconstitutionality, and Ethical Failures of DOGE’s Musk-Connected Government Intrusion

by ChatGPT-4o

I. Introduction

The Department of Government Efficiency (DOGE), a Trump-era initiative aimed at streamlining U.S. bureaucracy, has morphed into a shadow operation that appears to be dismantling government infrastructure under the guise of "efficiency." The June 2025 ProPublica investigation reveals that DOGE remains deeply infiltrated by Elon Musk affiliates despite his formal departure. The convergence of political power, private sector self-interest, and a lack of transparency raises serious concerns about legality, ethics, constitutional governance, and corporate overreach.

II. Illegal Aspects of the DOGE Operation

Violation of Federal Conflict of Interest Laws
Numerous DOGE appointees retain ties to their former employers, with some continuing to receive corporate benefits, including stock options and health insurance. These arrangements constitute prima facie violations of 18 U.S.C. § 208, which prohibits federal employees from participating in matters that affect their financial interests.
Failure to Comply with Financial Disclosure Requirements
Despite public interest, only 22 financial disclosure forms have been released for over 100 DOGE staffers. This undermines the Ethics in Government Act and the principles enshrined in the Freedom of Information Act (FOIA). The Supreme Court’s recent decision to block the release of DOGE information further enables opacity, likely violating statutory obligations for public record access.
Improper Personnel Appointments and Hatch Act Violations
The installation of inexperienced, politically motivated appointees into civil service roles, some of whom were reportedly encouraged to erase digital footprints, suggests abuse of hiring authority and potential Hatch Act violations, particularly if these individuals were engaged in partisan activity or used public office for private gain.
Supreme Court Overreach
By halting a lower court’s order demanding transparency from DOGE, the Trump-aligned Supreme Court may have violated the Administrative Procedure Act by undermining lawful oversight of executive actions—setting a dangerous precedent of judicial capture that erodes the rule of law.

III. Unethical and Unconstitutional Practices

Erosion of Checks and Balances
Embedding private sector actors with vested interests directly into policymaking roles—especially in agencies that regulate their industries—violates the separation of powers. It bypasses Congressional oversight and blurs the lines between public duty and private profiteering.
Suppression of Speech and Whistleblowing
DOGE staffers were reportedly banned from speaking publicly without prior approval. This infringes upon their First Amendment rights and discourages whistleblowing, a critical check on corruption and abuse of power.
Weaponization of Government Against Itself
DOGE’s deliberate dismantling of key federal agencies, including those regulating finance, environment, and public health, without Congressional approval, appears to subvert the intent of constitutionally established departments. The de facto privatization of regulation undermines democratic accountability.
Undermining Democratic Governance
With 83% of DOGE staff being young men lacking government experience, the initiative appears to be more about ideological imposition than technical reform. This replacement of civil servants with corporate loyalists weakens institutional knowledge, destabilizing the very mechanisms that uphold democratic continuity.

IV. Broader Downsides

Unfair Competitive Advantage
Companies with Musk affiliations now enjoy direct influence over government decisions, giving them an unfair advantage over competitors who lack similar access. This distorts free markets and discourages innovation among smaller players, particularly those focused on ethics and public good.
Privatization of Public Power
DOGE represents a creeping corporatocracy: the conversion of public agencies into mechanisms for private gain. This creates a dangerous precedent where tech billionaires can shape laws, budgets, and enforcement strategies without electoral or judicial scrutiny.
Collapse of Regulatory Safeguards
Cuts to humanitarian aid, environmental programs, consumer protection, and public health initiatives expose citizens—particularly the vulnerable—to unchecked market forces. The systematic gutting of watchdog agencies enables more abuse, more fraud, and fewer avenues for recourse.
Deceitful Public Narratives
The Trump administration's claim of transparency, paired with secret staffing, destroyed data trails, and blocked disclosure orders, undermines trust in democratic institutions. The administration’s glorification of DOGE as "common sense" masks its destabilizing impact on democratic governance.

V. Recommendations for Regulators and Affected Businesses

A. What the Administration and Regulators Should Do

Immediately Restore Transparency Mandates
Reinstate and enforce FOIA compliance, mandate the full release of financial disclosure forms, and re-establish independent ethics review bodies.
Launch Investigations into Conflict of Interest Violations
DOJ, GAO, and Inspectors General must investigate potential breaches of ethics laws, employment conflicts, and political interference in regulatory agencies.
Reinstate Civil Service Protections
Safeguard career officials from politically motivated purges and reverse staffing decisions made without proper vetting or merit-based selection.
Overhaul the Role and Oversight of DOGE
If DOGE continues to exist, its operations should be subjected to Congressional oversight, independent audits, and citizen scrutiny via public-facing data.

B. What Affected Businesses Should Do

Form a Coalition for Fair Governance
Small and mid-sized companies who feel disadvantaged should form industry alliances to lobby Congress for regulatory fairness, ethical procurement policies, and anti-corruption safeguards.
Pursue Legal Recourse
Businesses unfairly targeted or disadvantaged can file lawsuits under the Administrative Procedure Act for arbitrary and capricious agency action or challenge contract awards that favor DOGE-affiliated firms.
Engage with Whistleblower Support Networks
Collaborate with journalists, watchdogs (e.g. POGO, CDT), and whistleblower protection organizations to expose abuse and demand reforms.
Invest in Ethical AI and Government Tech Advocacy
Compete not with cronyism but with credibility. Ethical, privacy-compliant, and fair AI/government tech offerings can build trust in contrast to the DOGE model.

VI. Conclusion

The DOGE operation, as exposed by ProPublica, reveals a troubling fusion of unchecked corporate influence, administrative opacity, and ideological extremism within the highest levels of government. The lack of experience, rampant conflicts of interest, and strategic secrecy erode the foundations of democratic governance and market fairness. If left unchallenged, DOGE will not only reshape public institutions in the image of Silicon Valley techno-libertarianism but will also enshrine a two-tiered system of access and influence that disenfranchises everyone outside the billionaire class.

Corrective action must be swift, structural, and courageous—restoring transparency, enforcing ethical norms, and ensuring that no private empire can hijack the machinery of the public good.