NEW: American Oversight Warns Musk and Federal Agencies Against Violating the Federal Records Act
American Oversight sent letters to Elon Musk, the “U.S. DOGE Service,” and the Departments of Defense, Health and Human Services, Homeland Security, Treasury, Veterans Affairs, the Office of Management and Budget, and the National Archives and Records Administration warning against violating the Federal Records Act. Letters warn that DOGE’s use of platforms like Signal are subject to enforcement action.
On Wednesday, nonpartisan watchdog American Oversight sent letters to Elon Musk and federal agencies warning them to preserve all records related to President Trump’s newly created “Department of Government Efficiency” (DOGE) or risk violating the Federal Records Act. The letters — which follow recent reports that DOGE members have, since November, been secretly communicating using Signal, an encrypted messaging app with an auto-delete feature — warn that failure to take immediate action to preserve and recover all federal records could lead to litigation.
“Efforts are clearly underway to conceal information that would expose the Trump administration’s plans to gut critical services that benefit the American people, and DOGE — led by unelected billionaires poised to benefit from their self-serving machinations — is no exception,” said American Oversight interim Executive Director Chioma Chukwu. “Transparency and accountability are non-negotiable. That is why we have put the administration on notice: comply with your obligation to preserve all DOGE-related records, or defend that secrecy in court.”
The Federal Records Act requires agencies to preserve federal government records documenting their activities, decisions, and policies to help ensure transparency and accountability. Such records would include all written communications related to any pre-inaugural and post-inaugural DOGE meetings and activities.
Yesterday’s letters were sent to Elon Musk, DOGE, and the recently renamed U.S. Digital Service, now called “U.S. DOGE Service,” as well as the Departments of Defense, Health and Human Services, Homeland Security, Treasury, Veterans Affairs, and the Office of Management and Budget. American Oversight also notified the National Archives and Records Administration and asked the Archivist to pursue legal action through the Attorney General if government records are unlawfully removed or destroyed.
Trump’s appointment of Elon Musk to lead both the pre-inaugural and post-inaugural DOGE has created significant ethical concerns about potential conflicts of interest. Any records related to DOGE, which could have tremendous impacts on major federal agencies and how federal programs reach the American public, are of vital importance in holding DOGE and its leaders accountable.
Read the letters here.
American Oversight is a nonpartisan watchdog with a proven record of effective and innovative investigations that expose wrongdoing and drive change. During the second Trump administration, transparency will serve as a critical tool for accountability to combat abuses of power, attacks on institutions, and threats to civil liberties.
Last November, following Trump’s announcement that he would nominate Matt Gaetz to lead the U.S. Justice Department, American Oversight sued for records from the federal FBI investigation of Gaetz for serious criminal allegations, including sex trafficking of a minor. Gaetz withdrew his name from consideration shortly thereafter.
In January, American Oversight sued the Office of the Director of National Intelligence for records concerning Kash Patel, Trump’s nominee for FBI director, whose history of loyalty to Trump and sympathy for far-right conspiracy theories raises serious concerns about his fitness for the role. The federal district court is currently considering American Oversight’s request to order ODNI to release these records before Patel’s confirmation hearing on Jan. 29.