[tenpies]

> The Appointments Clause of the constitution says that Officers of the United States must be appointed by the president with the advice and consent of the Senate.

Wasn't that the legal genius in how Trump structured it? DOGE is a re-branded USDS (United States Digital Service).

Given that USDS is not a federal agency, that clause of the Constitution would not apply.

That also would assume that Musk is the administrator of DOGE, which he is not. It's Amy Gleason, and she, just like every administrator of the USDS going back to Obama, was not confirmed.

[apical_dendrite]

USDS had a purely consulting role, helping to build websites. What DOGE is doing now is ordering agencies to do various things like cancel contracts, hire and fire people, stop work, etc.

And the idea that Amy Gleason is in charge is a fig leaf. Trump himself has said that Musk is in charge.

The argument is that by wielding this new power, Musk is effectively an Officer of the United States, regardless of his official title. And under the constitution an Officer of the United States must be appointed with the advice and consent of the senate.

Whether or not the Supreme Court will buy this argument is to be determined, but that's the argument.