WASHINGTON (PNN) - February 15, 2025 - A United States federal judge sided with the Department of Government Efficiency (DOGE) on the issue of accessing electronic records in every federal
agency. It turned out the courts had no choice... here is why.
Since President Donald J. Trump's Executive Order that named "DOGE" as a government entity, lawyers have been going over the Executive Order and found it is air-tight... thanks to Barack Obama.
Apparently, President Trump and Elon Musk didn't create anything; Barack Obama did.
Obama created the United States Digital Service in 2014. It was meant as a bureaucratic patch job to fix the ObamaCare website meltdown.
Fast-forward to 2025. President Trump re-brands it DOGE United States DOGE Service). He keeps the acronym and keeps the funding but gives it a whole new mission: find the receipts. Trace the money.
It is legally untouchable because it was already fully funded and operational.
President Trump invoked 5 USC 3161, which allows him to create temporary hiring authorities. DOGE teams get embedded inside every single federal agency.
Each team consists of a lawyer, a Human Resources Representative, a techie nerd and an investigator. They report to DOGE, not the agency in which they are embedded.
But wait, there is more.
President Trump also invoked 44 USC Chapter 35, which governs federal Information Technology (IT) and cybersecurity oversight. Since USDS was originally an IT oversight body, DOGE now has
full access to all federal data systems. Yes, that's right: ALL OF THEM.
President Trump's Executive Order is written to block legal challenges. It includes language that overrides conflicting Executive Orders and orders every agency to comply. Refusal means they violate Presidential Authority.
Congress can't defund it because it is not a new program, just a re-purposed one. DOJ and everyone else can't sue for over-reach because President Trump used existing laws, exactly as written. Democrats trying to file legal challenges run into "legal standing" issues because DOGE operates within existing frameworks.
Obama literally built the perfect Administrative (read "Deep") State IT backdoor. President Trump and Elon Musk merely took over what Obama created long ago, and now have full, complete, administrative control, and access to all the information. ALL OF IT.
Musk now has legal oversight of every agency's major systems. The Administrative State can't stop it without Congress re-writing multiple federal laws.
President Trump legally out-played the system and there's nothing anyone can do about it.
