Thursday, February 06, 2025

DOGE Transitions to a Records System Not Subject to FOIA

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, 404 Media has learned.

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DOGE employees ordered to stop using Slack while agency transitions to a records system not subject to FOIA www.404media.co/doge-employe ...

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-- 404 Media (@404media.co) February 5, 2025 at 1:32 PM

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Still think this isn't a coup?:

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, a records transparency law commonly used by journalists and lawyers to hold government accountable. Instead, DOGE is asserting that rather than reporting up through the Office of Management and Budget as the United States Digital Service did for years, it is reporting through the Executive Office of the President and to White House Chief of Staff Susie Wiles. Under OMB, it was generally subject to FOIA. Under the White House Chief of Staff, records it creates are generally not subject to FOIA.

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. This is a very notable, but unsurprising move that federal records experts have been worried about since the issuance of Donald Trump's executive order renaming the United States Digital Service"an agency of federal tech workers that was formed under the Obama administration"to the United States DOGE Service. That executive order specifically states that the renamed entity "shall be established in the Executive Office of the President," and that the USDS administrator (Elon Musk) "shall report to the White House Chief of Staff."

#1 | Posted by Gal_Tuesday at 2025-02-05 05:07 PM

It's One Flew Over the Coup Coup Clock!!

"COUP TWO: The Traitor Trump Coup"..... is on time and running steady, using the exact Formula put forth in Project25, which Trump never heard of.

My secular opinion is that sooner or later he's going to have to call on the US Military to defend his sorry fat ass, and that he's going to be sorely disappointed when he does.

Just today he ordered them to ban any clubs that people in the Military enjoy that are cultural and educational clubs... it's a white man thing, they hate diversity... and that after taking General M's picture down at the Pentagon and elsewhere.

Don't think they liked being called, 'losers', either.

You don't want to hear my non-secular opinion.

#2 | Posted by Corky at 2025-02-05 05:18 PM

DOGE Transitions to a Records System Not Subject to FOIA

That sounds illegal. I'm sure the newly-cleansed FBI will get right on that.

#3 | Posted by censored at 2025-02-05 06:07 PM

I guess being a free speech maximalist has its limits...

#4 | Posted by catdog at 2025-02-06 04:56 PM

I thought y'all voted for transparency?

#5 | Posted by jpw at 2025-02-06 06:10 PM

Member of Leon's Incel Clown Posse quits over racist social media posts.

www.axios.com

#6 | Posted by reinheitsgebot at 2025-02-06 06:18 PM

... Instead, DOGE is asserting that rather than reporting up through the Office of Management and Budget as the United States Digital Service did for years, it is reporting through the Executive Office of the President and to White House Chief of Staff Susie Wiles. Under OMB, it was generally subject to FOIA. Under the White House Chief of Staff, records it creates are generally not subject to FOIA. ...

So, DOGE actively seems to be hiding from transparency in what it is doing?

Why?

#7 | Posted by LampLighter at 2025-02-06 06:32 PM

Sources tell WIRED that the ability of DOGE's Marko Elez to alter code controlling trillions in federal spending was rescinded days after US Treasury and W.H. officials said it didn't exist.

Claimed DOGE Technologist Didn't Have Write Access' When He Actually Did

www.wired.com

#8 | Posted by Gal_Tuesday at 2025-02-06 07:43 PM

@#8 ... Claimed DOGE Technologist Didn't Have Write Access' When He Actually Did ...

I've seen reports of that write access.

If it did exist, that would be a huge breach. Likely the largest historical breach of a computer system.

My guess of a timeline is along the following...

1) the White House (a.k.a. Pres Trump) gave Mr Musk ambiguously-worded access to internal and extremely critical government computer systems.

2) Mr Musk, running with that ambiguity, decided he had full read/write access to those internal and extremely critical government computer systems.

3) once some people (e.g., the press that Pres Trump seems to hate?) noted Mr Musk's unprecedented access to internal and extremely critical government computer systems, the walk-back quickly occurred.

Working within that scenario, my first question would be, Does Pres Trump have a clue of the ramifications of his directives?



#9 | Posted by LampLighter at 2025-02-06 08:06 PM

"3) once some people (e.g., the press that Pres Trump seems to hate?) noted Mr Musk's unprecedented access to internal and extremely critical government computer systems, the walk-back quickly occurred."

I wonder if it might have something to do with this judge's ruling today?:

Just hours before his reported resignation, Elez, along with Tom Krause, chief executive of Cloud Software Group Inc., was cleared by a judge to retain "read-only" access to sensitive payment systems at the Treasury Department. Elez was part of a team waging a war on USAID on behalf of the Trump administration and canceling authorized payments to the agency's employees.

www.salon.com

Maybe someone in court under oath told the truth about them having read & write access.

#10 | Posted by Gal_Tuesday at 2025-02-06 08:17 PM

"Maybe someone in court under oath told the truth about them having read & write access."

Or maybe not:

Why Did Musk Gizmocrats Rewrite the Payment System Code?

The Times this morning has an apparent explanation for why DOGE operatives were so eager to take control of the unified government payment system at the Treasury: they wanted to be able to shut off payments to USAID projects without going through USAID personnel. They say this is based on emails between Elon-backed Trump appointees now at Treasury. I assume this is accurate in itself but I wouldn't be sure this is the only reason and perhaps not even the main reason. But it's the only non-speculative explanation we have so far.

David Kurtz notes this morning that the judge overseeing a lawsuit aimed at halting the actions at Treasury is almost certainly being given false information about what's actually happening, though as David notes we can't say for certain the Justice Department lawyers representing the administration are affirmatively lying. (They may use weasel words; they may not themselves know; many possibilities.) Those lawyers continue to insist that the Musk operatives at Treasury only have "read-only" access to the computers. As Wired and I have independently reported, that's not true. They have full administrator privileges and, as I have reported, they've already altered the code.


talkingpointsmemo.com

#11 | Posted by Gal_Tuesday at 2025-02-06 08:25 PM

Treasury Sought to Freeze Foreign Aid Payments, Emails Show
www.nytimes.com

... But emails reviewed by The New York Times show that the Treasury's chief of staff originally pushed for Tom Krause, a software executive affiliated with Mr. Musk's so-called Department of Government Efficiency, to receive access to the closely held payment system so that the Treasury could freeze disbursements to the U.S. Agency for International Development.

In a Jan. 24 email to a small group of Treasury officials, the chief of staff, Dan Katz, wrote that Mr. Krause and his team needed access to the system so they could pause U.S.A.I.D. payments and comply with Mr. Trump's Jan. 20 executive order to halt foreign aid.

"To the extent permitted by law, we would like to implement the pause as soon as possible in order to ensure that we are doing our role to comply with the E.O.," Mr. Katz wrote. ...


#12 | Posted by LampLighter at 2025-02-06 08:36 PM


@#12

So, in those emails, at a minimum, seems to have wanted write access to the systems?

#13 | Posted by LampLighter at 2025-02-06 08:38 PM

@#12
So, in those emails, at a minimum, seems to have wanted write access to the systems?
#13 | Posted by LampLighter at 2025-02-06 08:38 PM

I presume installation of a specific organization access identical to PTech is priority.

#14 | Posted by redlightrobot at 2025-02-07 01:41 PM

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