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DOGE employees ordered to stop using Slack

code_runner

DOGE is obviously a completely illegal operation, and I really do hope it will be get reined in before they can cause an issue so big that _even trump's croniest cronies_ have to admit what is going on.

For someone who claims to love freedom of speech, Elon is pretty quick to determine who can say what, and how much access to _his_ data people have.

dylan604

> hope it will be get reined in before

oops. they already have access to data, and there's no unseeing what they've seen.

dangus

Of course there is “unseeing.” They can be tried for rather obvious crimes and thrown in prison.

whatever1

They will get a blanket pardon anyway. So in the end we will have to apologize to them.

jeroenhd

Trump already pardoned 1600 violent insurectionists. If they get tried now, they'll be out of jail the very next day.

ty6853

I was assured right here on HN that the data was public to begin with, and downvoted for suggesting it was possible unseen corruption. Hopefully if that is true they find it just matches what has released publicly.

https://news.ycombinator.com/threads?id=ty6853&next=42914628...

littlestymaar

This whole operation is as related to finding corruption exhibits as the Moscow trials were to finding traitors in the Red Army.

It is a (ridiculous) pretext for purging the system from people that the new power deems “uncooperative”.

tmaly

I just saw a thread by a lawyer on X that broke down the EO creating DOGE.

It was very interesting how they got around things.

jedilord

How is it an illegal operation?

exceptione

I don't know? To this day people still fuss about concentration camps here, while the leader clearly had given authority to do so. People are just too political these days.

By the way, I heard the Palestinian Problem is going to be solved for good?

mplewis

DOGE does not have the authority to shut down independent agencies of the US Government such as USAID.

impulser_

They aren't. They are informing the President and the President does it either by EO or asking congress.

zosima

DOGE gets its authority through the president. The president definitely has the authority to audit and/or stop illegal, fraudulent or just wasteful transactions.

The exact shape or form of USAID is also up to the president. It was created through an executive order, and can of course also be transformed through one.

skissane

DOGE didn’t shut down USAID. Musk talked Trump and Rubio into doing it and they did.

Musk is essentially a presidential advisor, and legally an advisor can advise the President to do pretty much anything. Even if the thing they are advising the President to do is illegal, the President is the one who bears the legal responsibility for the action, not the advisor.

In really extreme cases, like if Musk were advising Trump to commit genocide, or carry out a military coup, or transfer a billion dollars out of US Treasury into someone’s personal bank account, and Trump followed the advice, Musk might be held legally liable for having given it. But shutting down a government agency isn’t anything like that. The legality of shutting it down is debatable, but even if ultimately held to be illegal, it isn’t the genocide or military coup or blatant corruption kind of illegal.

paganel

Because it goes after the institutions beloved by the liberal consensus (on both "right" and "left").

jfkrrorj

[flagged]

bpodgursky

I mean, there are many political leaders who would put Musk in prison in a heartbeat for the DOGE stuff. It's not paranoia. This is separate from "do you think this is illegal", but it's absolutely reasonable, from their perspective, to think that "everyone is after them".

jfkrrorj

I know! Maybe this paranoa would be justified, if they would already killed millions and destroyed countries!

dylan604

I'm surprised he has not tit-for-tatted with pre-emptive pardons for all of his minions.

unsupp0rted

[flagged]

ty6853

I think the one they're going for is that being a senior officer with material authority requires confirmation per the appointments clause, constitutional law instead of a federal statute.

Whether musk is operating as such seems dubious but possible.

rawgabbit

Is DOGE an advisory body or real government audit agency. It is acting like the later but is solely creation of Musk.

https://www.democracydocket.com/news-alerts/federal-unions-s...

https://www.hrdive.com/news/federal-workers-unions-challenge...

wavefunction

US' Privacy Act of 1974

hiatus

Some of the exceptions include:

- For routine uses within a U.S. government agency

- For law enforcement purposes

null

[deleted]

alfiedotwtf

Presidential Pardons

jklinger410

> DOGE is obviously a completely illegal operation

This narrative infuriates me. Either you are right, and entire wings of our government are abetting a coup, or you are wrong, and our government has huge back doors that no one is watching.

Both realities reveal something urgently broken with the United States. In a way that should scare the entire western world to its core.

darth_avocado

DOGE is not illegal. However the legality of some of the things they do is under question. The current government, including DOGE is being operated like “Just do as many things as possible, so that the lawsuits can’t keep up”. While lawyers are busy trying to stop big things, many small but important items will slip through the cracks and will take decades to undo.

Edit: BTW this strategy has always been available, it’s just that career politicians aren’t incentivized to do this for “good” because they want long political careers.

randallsquared

> it’s just that career politicians aren’t incentivized to do this for “good” because they want long political careers.

That's not why: Reagan, Clinton, W, and Obama all had the opportunity for sweeping changes of this magnitude without regard to further political careers, but none of them wanted to make radical changes. Their view of the US government (even Reagan's!) was "basically doing a good job, but maybe needs a tweak". The current administration does not appear to share this view, though we'll see how that goes.

shafyy

> BTW this strategy has always been available, it’s just that career politicians aren’t incentivized to do this for “good” because they want long political careers.

Or, you know, maybe it's also because politicians who are not total psychos don't want to fuck over an entire country for their own gains.

jklinger410

> While lawyers are busy trying to stop big things, many small but important items will slip through the cracks and will take decades to undo.

So the government is designed in such a way that someone can do illegal things without those currently running the systems simply saying "no?"

They have the power to do the things, and then we have to wait for it to be litigated. Watching the cases against Trump drop like flies after he got elected, knowing the Supreme Court is packed full of members of one party. This doesn't seem like a reliable solution.

dangus

lol, DOGE is obviously illegal. Trump created a fake department of the government without congressional appropriation of funds.

stainablesteel

the opponents of DOGE operate in illegal ways and cry wolf about DOGE doing things that are illegal, that's just the nature of politics. they've been entrenched for decades and have given us lies, for-profit wars, disasters, man-made viruses, insults, and gaslighting in response to criticism. it's time to tear them down and not feel bad about it.

HumblyTossed

> Both realities reveal something urgently broken with the United States.

Our government operations expect people to conduct themselves as adults.

Clearly, if we survive Elon's coup, we need to encode these norms into law.

jltsiren

The broken part is the idea that the legislative and judicial branches can act as checks and balances for the executive branch. In the end, the executive branch is the only branch with the ability to do something. The other two are just a bunch of talking heads.

Many other republics have split the executive branch into multiple semi-independent centers of power. The head of state and the head of government can be separate roles. A directly elected president may be responsible for signing laws and appointing senior officials, while a prime minister subordinate to the parliament may be in charge of running the executive branch. And government departments may have dual leadership with a politically appointed minister setting the directions and a career director appointed by the president running the department. Because the director's term is independent from the political appointees, they can refuse to comply if the minister asks something illegal.

Republics have all kinds of failure modes. For example, Hungary was supposed to be a robust parliamentary republic. But due to non-proportional elections, slightly over 50% of votes were enough for a sufficient supermajority to rewrite the constitution.

neom

DW covered this today with a professor who seems to generally know what he's talking about and from what I could tell is not spinning anything in particular: https://www.youtube.com/watch?v=GpKhyL9PEPQ

He does a good job of explaining the facts of the legalities etc.

taurknaut

I'm not really sure if you can call it a "coup" if all parties involved admit he was legitimately elected. Furthermore, this isn't exactly a bait-and-switch. He told us what exactly what he wanted to do. We already knew he would try to do illegal stuff. If you break the law and nobody who voted for you complains (unrealistic I realize, but bear with me), is the rule of law really that secure? If we only criticize Trump when he breaks the law, but not the democrats when they send arms to Israel in blatant violation of the Leahy Laws, how can we get upset when people push the boundaries further?

It's been more than 20 years (or might be about that?) that we passed the law that said "if you prosecute Bush for warcrimes we will invade the Hague". Granted, we were never a treaty cosigner (sharing the lovely company of Russia, North Korea, and Iran), but it's very convenient we have a "laws for thee but not for me" attitude.

Look I'm just saying we've been headed in this direction for a while and I don't expect the institutions we're supposed to care about preserving doing much to stop it. Americans need to get a lot more mad if they want politicians to represent them well. I'd hazard a guess most americans have never contacted their representatives, vote in their non-swing state (effectively making their vote worthless), and pat themselves on the back for a civic duty well done. I think we've gotten ourselves into a position where politicians who have spent most of their careers failing to pass legislation now need to pull political ability from who the hell knows where to actually follow through on their promise to fight facism. Very grim times.

dmitrygr

No personal option stated or implied, but: exactly this was clearly promised before the election, and it is being delivered right now. The people voted for this: a majority of the American people. Democracy, no?

tdb7893

In American democracy winning a single election doesn't change the constitution or even the laws at all. There are separate processes for those things that haven't happened. The monetary decisions the executive branch is making right now are explicitly reserved for Congress, which notably hasn't passed a law for it.

Voting for someone doesn't imply they aren't bound by existing rules.

Edit: There's also more to be said here about restrictions on American democracy (e.g. gerrymandering, first past the post, disenfranchisement, financial barriers to entry for candidates, lack of choice for political parties, etc) that make the US not some bastion for democratic governance. I'm not an expert but the current chaos is at least partially enabled by the flaws in American democracy (rigid 2 party control is a good example of a generally undemocratic force, many Americans would prefer more parties but aren't being represented, that is enabling executive overreach).

Volundr

> The people voted for this: a majority of the American people. Democracy, no?

Does this mean it was wrong of Republicans to have tried to stop anything Obama or Biden was trying to do? Or question it's legality?

I keep hearing this "the people voted for it argument", but unless your prepared to condemn things like limiting the scope of the ACA and refusing to confirm justices, it's hard to take the argument seriously.

Tool_of_Society

He didn't even get a majority of the 60% of voter aged Americans who voted.

amarcheschi

I do not get why electing a leader with anti democratic tendencies should be viewed as the pinnacle of democracy

nimish

Is it? It's explicitly just a rename of the USDS. Them not using govslack is stupid though

the_optimist

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smb06

Oh they want to eliminate the possibility of public filing a FOIA request. Democracy died in Darkness.

viraptor

Practically, this probably doesn't make a difference. FOIA relies on at least one person in the department to not be antagonistic towards the process. Otherwise they can just make up excuses. That's the standard experience for people sending requests.

I don't think anyone from the new DOGE would actually be helpful in responses anyway.

hx8

If the data is on Slack servers, then Slack may be more than willing comply with FOIA.

vesinisa

Slack can't just willy-nilly hand over US government data to the public. There's a process that needs to be followed for FOIA requests as some classes of information are just not public. In fact, most of the data on a government Slack server would probably fall under those FOIA exemptions.

127raf

Avoiding FOIA is one thing. Why do organizations that handle sensitive information use Slack in the first place?

Salesforce gets all the Slack data and can do whatever it likes. This is utter incompetence.

dgrin91

The title here is poor. Its not that Slack is subject to FOIA and other systems are not - its that the org structure of DOGE is being transition from being under OMB to directly under the executive office. If they use Slack there it would be presumably not be subject to FOIA.

torginus

I don't have an opinion on the political aspects of this, but I find the choice of uploading all your data to a central server by default an insane choice, and I hate that this is the default in the modern world.

Why can't software come in a box, like it used to - then it can run on a machine that I control, and only talk to machines that I control too.

Then it's not a matter of belief and blind trust and hoping against hope that nobody's spying on me - it's the matter of basic common sense and due diligence.

krapp

>Why can't software come in a box, like it used to - then it can run on a machine that I control, and only talk to machines that I control too.

At some point you will want or need to talk to machines you don't control, because society consists of people other than yourself, and machines that they control. And in this hell of other people, "basic common sense and due diligence" are synonymous with blind trust.

davidt84

They're all subject to FOIA...

karaterobot

Here is the distinction:

> This would make DOGE a Presidential Records Act entity, meaning records it creates are not FOIAble until years after a president leaves office rather than a Federal Records Act entity, which would make its records FOIAble now.

It's how soon you can make a request.

anothername12

The article outlines some reporting changes (from OMB to White House chief of staff??) to get around that apparently

hiatus

That remains to be seen. From the same article:

> "Just changing the name alone under the Executive Order doesn't affect DOGE's recordkeeping status,” Jason R. Baron, professor at the University of Maryland and former director of litigation at the National Archives and Records Administration told 404 Media in a phone call. “The administration apparently has made a determination that DOGE will be a presidential component subject to the Presidential Records Act. However, that will surely be challenged in the courts in connection with FOIA lawsuits. Under FOIA, it will be for the courts to decide whether under existing DOGE is acting more like a federal oversight agency or as a presidential component that solely advises the President.”

sitkack

DOGE is not acting as an oversight agency, they are locking people out of systems and modifying code, so they can't be an oversight agency.

Congress needs to do their job here.

slowmovintarget

The article is fairly sloppy and uses lots of scare-quotes, but basically it's saying that communications for the DOGE team will report in to the Chief of Staff making them subject to the Presidential Records Act instead of the general reporting conditions for the OMB.

The article also states that 'DOGE is gutting...' when that's not true. They're advising the President, and the President is cleaning house. They investigate, recommend, the President decides, and those decisions get acted on. This is how a task force like this is supposed to work.

BryantD

"The President decides..." within the limits of his constitutional powers. Which do not include, for example, impoundment or unilaterally shutting down agencies authorized by Congressional acts.

paradox460

Exactly. I made this comparison elsewhere, but it still fits. They are akin to the US Chemical safety board. They have investigative powers, but that's it. They can't actually change anything, just issue recommendations.

Now, USCSB makes some incredible YouTube videos, I somehow doubt Doge will do the same

karaterobot

> They're advising the President, and the President is cleaning house.

That may be a distinction without a difference. The reason to have advisors around is so you can rely on them to make a proposal you can sign off on, because they understand your overall vision. If they're not proposing cuts he agrees with, he'll replace DOGE leadership until he finds people who do.

null

[deleted]

sitkack

[flagged]

yapyap

Man I’d hate to work in such a volatile environment.

malfist

That's probably part of the goal. Get people to quit and not replace them. One party has been on the "break the government to prove the government doesn't work" warpath for decades now

the_optimist

Perhaps revisit your premise prior to asserting malicious intent.

francisofascii

I agree. What's worrying is any stable working environment that exists now can become volatile like this overnight. It is more uncommon with Federal employment, but is pretty common in the private sector unfortunately.

Aurornis

> Employees working for the agency now known as DOGE have been ordered to stop using Slack while government lawyers attempt to transition the agency to one that is not subject to the Freedom of Information Act,

> The messages indicate that, under Elon Musk’s leadership, DOGE is actively taking steps to make sure its communications and records are not subject to the Freedom of Information Act,

> This would make DOGE a Presidential Records Act entity, meaning records it creates are not FOIAble until years after a president leaves office rather than a Federal Records Act entity, which would make its records FOIAble now.

Regardless of where you stand on the topic of cutting federal budgets, the lack of transparency should be alarming to everyone.

Broad actions like this should have the utmost transparency, not a team of lawyers doing their best legal maneuvering to keep it out of the public's reach.

andy_ppp

I can see the Founders of the US now, one of the things they did when setting up the government was organise it so a South African billionaire should be able to take over and reorganise it with zero accountability.

9283409232

I thought the whole point was transparency and auditing? Are you telling me Musk was lying!?!

So who watches the Watchmen?

Bhilai

Did you forger to add /s or were you actually expecting Musk to be transparent and truthful?

palmotea

> Did you forge[t] to add /s or were you actually expecting Musk to be transparent and truthful?

Do you remember all his promises about full self driving Teslas? He's one of the most honest and truthful people in the world, and has been for years.

jedilord

How have they not been transparent?

lenerdenator

[flagged]

neets

[flagged]

lenerdenator

I remember that time that my parents got to vote for Nick Civella as the local crime boss and got to confront him, with no consequences whatsoever, at an open meeting about how he was spending the Central States Pension Fund on Vegas casinos.

cluckindan

Only in Russia and some other third world nations.

miltonlost

lol "taxation is just like the mafia". 12 year olds and libertarians are so alike

rayiner

[flagged]

ropetin

Wouldn't it be the AGs who recently got 'let go'?

And why did you go straight to whataboutism? Just because one person does bad things it doesn't excuse other people from doing the same bad things. You don't see serial killers lawyers arguing, "I know my client killed 17 people, but what about that Jeffrey Dahmer, eh?"

code_runner

"there are a lot of unsolved murders out there. aren't those people free? my client should be free too!"

lenerdenator

[flagged]

mkoubaa

Let them eat JIRA tickets

cluckindan

Heads would roll. Literally.

byroot

Probably not, but there would definitely be some sort of resistance, strikes, refusal to comply, etc.

In France public service employees have a very high level of protection (they're very hard to fire), and are legally allowed to disobey "obviously illegal" orders, I suppose this case would qualify?

All of this was implemented immediately after WW2 as a way to prevent a potential authoritarian ruler from using public administrations for nefarious things. So it seems quite fitting.

code_runner

I assume that federal employees are also allowed to disobey "obviously illegal" orders, but I suppose the difference is that they can be retaliated against. Its odd that the president can act out of his authority and make orders that illegal, but still be able to fire the people who won't do those things.

In the case of USAID workers, its entirely possible that the organization will be explicitly NOT under executive authority (my understanding is that they are a legislative branch creation).... but I guess the executive branch can still order them to stop working and return to the US? Its all very murky

null

[deleted]

thaumasiotes

> In France public service employees have a very high level of protection (they're very hard to fire), and are legally allowed to disobey "obviously illegal" orders

This would seem to imply that a French public servant who obeys an "obviously illegal" order is both knowingly (it's obvious) and willfully (there's no requirement to obey) breaking the law.

What are the penalties for that?

stuaxo

The elite there must have a fear that this could happen to them though.