Scholten introduces bill to open Musk and DOGE to FOIA provisions
U.S. Rep. Hillary Scholten (D-Grand Rapids) on Thursday introduced legislation she says will provide accountability about the actions of billionaire Elon Musk and his Department of Government Efficiency, or DOGE.
According to a press release from Scholten's office, the Consistent Legal Expectations and Access to Records (CLEAR) Act, clarifies that temporary organizations like DOGE are subject to the Freedom of Information Act (FOIA).
'Given the breadth of power these organizations wield, they should be subject to the same standard of scrutiny and public information sharing that other agencies are beholden to,' stated the release.
DOGE was created by President Donald Trump through an executive order using an authority that allows the president to set up 'temporary organizations.' Scholten introduced the legislation to make it clear that any organization created in that manner is automatically subject to FOIA requests.
'In the first two weeks of Trump's second term, chaos has reigned and has many asking… what is happening? An unelected businessman with numerous conflicts of interest has been given unprecedented access to government data and Americans' personal information,' said Scholten. 'These are taxpayer dollars he's controlling, and the American people deserve to know what's happening. Knowledge is power, and in America, that power belongs to the people. My bill will make sure that no president, Republican or Democrat, can hide their actions from the American people.'
Democrats and transparency advocates have raised the alarm over the actions of DOGE, most especially the access its members have been granted to the Treasury Department's payment system, which handles trillions of dollars in payments, including income taxes, Social Security benefits and veterans pay.
The bill would apply retroactively, meaning all of DOGE's records since it was formed would become public if the legislation is signed into law.
U.S. Sen. Elissa Slotkin has also expressed concerns about accountability for Musk and the actions of DOGE.
'The targeting across our federal govt of law enforcement, to flight safety inspectors, to weather forecasters or those who test our drinking water, to doctors conducting clinical trials for children with cancer, is not just wrong – it will result in Americans being less safe,' wrote Slotkin on X, the social media platform owned by Musk. 'Elon Musk, an unelected billionaire, now has access to Americans' private and personal information, including sensitive tax documents. This raises all kinds of questions about the use and abuse of that information for targeting of citizens, to use for legal or financial gain.'
Samuel Bagenstos is the Frank G. Millard Professor of Law at the University of Michigan who specializes in civil rights, labor and employment law, health law and governance, told the Advance this week that 'there's a value to the legal process.
'Even if at the end of the day, that process doesn't result in an injunction stopping Trump from doing what he's doing, lawsuits and the process around lawsuits help to bring to light information about what's going on. They both help to publicize what's going on, because the fact of a lawsuit and legal proceedings will get reported by journalists and become a focal point for public discussion, but also in the process of a lawsuit, you have opportunities for courts to order the defendants to provide information to the plaintiffs,' he said.
Bagenstos has frequently testified before Congress, argued four cases before the U.S. Supreme Court, served as principal deputy assistant attorney general for civil rights in the U.S. Department of Justice during the Obama administration, and most recently was general counsel to the Department of Health and Human Services (HHS) in the Biden administration. He was also nominated by the Democratic Party to run for Michigan Supreme Court in 2018.
'Right now, we don't know exactly what Elon Musk is doing within the executive branch, although there are lots of reasons to worry a lot about what he's doing based on his own statements. But a court can order him to provide information about what he's doing or can order the government to provide information about has Elon Musk been granted access to the federal payment system? What is the scope of that access? Who authorized that access? Does Elon Musk or someone working with him have the authority now to stop payments made by the federal government? Who authorized that and what is the basis on which those individuals were appointed to the government?' Bagenstos said.
'These are all questions that are really important for us to know the answer to, but we might not be able to trust answers that are given by White House press officials. But a court might be able to get more authoritative information on that, so there are lots of reasons why even if at the end of the day courts aren't gonna stop everything Trump's gonna do, there are lots of reasons why we might want to continue to be out there making the case that what Trump is doing is an abuse of his legal authority.'
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
USA Today
6 minutes ago
- USA Today
The Trump administration is telling immigrants 'Carry your papers.' Here's what to know.
Immigrants have long been required to carry ID proving they're in the US legally, but the rule was not enforced. Until now. Amid the Trump administration's ongoing crackdown on illegal immigration, the nation's immigration service is warning immigrants to carry their green card or visa at all times. U.S. Citizenship and Immigration Services posted the reminder July 23 on social media: "Always carry your alien registration documentation. Not having these when stopped by federal law enforcement can lead to a misdemeanor and fines." Here's what immigrants – and American citizens – need to know. 'Carry your papers' law isn't new The law requiring lawful immigrants and foreign visitors to carry their immigration documents has been on the books for decades, dating to the 1950s. The Immigration and Nationality Act states: "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him." But the law had rarely been imposed before the Trump administration announced earlier this year that it would strictly enforce it. The "carry your papers" portion fell out of use for cultural and historical reasons, said Michelle Lapointe, legal director of the nonprofit American Immigration Council. In contrast to the Soviet bloc at the time the requirement was written, "We have never been a country where you have to produce evidence of citizenship on demand from law enforcement." In a "Know Your Rights" presentation, the ACLU cautions immigrants over age 18 to follow the law and "carry your papers with you at all times." "If you don't have them," the ACLU says, "tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions." A 'precious' document at risk Many immigrants preferred to hold their green card or visa in safe-keeping, because, like a passport, they are expensive and difficult to obtain. Historically, it was "a little risky for people to carry these precious documents such as green card, because there is a hefty fee to replace it and they are at risk of not having proof of status – a precarious position to be in," Lapointe said. But as immigration enforcement has ramped up, the risks of not carrying legal documents have grown. Failure to comply with the law can result in a $100 fine, or imprisonment of up to 30 days. Immigration enforcement and 'racial profiling' U.S. citizens aren't required to carry documents that prove their citizenship. But in an environment of increasing immigration enforcement, Fernando Garcia, executive director of the nonprofit Border Network for Human Rights in El Paso, Texas, said he worries about U.S. citizens being targeted. "With massive raids and mass deportation, this takes a new dimension," he said. "How rapidly are we transitioning into a 'show me your papers' state?" "The problem is there are a lot of people – Mexicans, or Central Americans – who are U.S. citizens who don't have to carry anything, but they have the burden of proof based on racial profiling," he said. "There are examples of U.S. citizens being arrested already, based on their appearance and their race." Not just immigrants: Why some Native American citizens worry about getting caught in ICE's net American citizens targeted by ICE The Trump administration's widening immigration crackdown has already netted American citizens. In July, 18-year-old Kenny Laynez, an American citizen, was detained for six hours by Florida Highway Patrol and Border Patrol agents. He was later released. Federal agents also detained a California man, Angel Pina, despite his U.S. citizenship in July. He was later released. Elzon Limus, a 23-year-old U.S. citizen from Long Island, New York, decried his arrest by ICE agents in June, after he was released. In a video of the arrest, immigration agents demand Limus show ID, with one explaining he "looks like somebody we are looking for." In updated guidance, attorneys at the firm of Masuda, Funai, Eifert & Mitchell, which has offices in Chicago, Detroit and Los Angeles, advise U.S. who are concerned about being stopped and questioned "to carry a U.S. passport card or a copy of their U.S. passport as evidence of U.S. citizenship." Lauren Villagran can be reached at lvillagran@
Los Angeles Times
36 minutes ago
- Los Angeles Times
Trump voters wanted relief from Medical bills. For millions, the bills are about to get bigger
President Trump rode to reelection last fall on voter concerns about prices. But as his administration pares back federal rules and programs designed to protect patients from the high cost of health care, Trump risks pushing more Americans into debt, further straining family budgets already stressed by medical bills. Millions of people are expected to lose health insurance in the coming years as a result of the tax cut legislation Trump signed this month, leaving them with fewer protections from large bills if they get sick or suffer an accident. At the same time, significant increases in health plan premiums on state insurance marketplaces next year will likely push more Americans to either drop coverage or switch to higher-deductible plans that will require them to pay more out-of-pocket before their insurance kicks in. Smaller changes to federal rules are poised to bump up patients' bills, as well. New federal guidelines for COVID -19 vaccines, for example, will allow health insurers to stop covering the shots for millions, so if patients want the protection, some may have to pay out-of-pocket. The new tax cut legislation will also raise the cost of certain doctor visits, requiring copays of up to $35 for some Medicaid enrollees. And for those who do end up in debt, there will be fewer protections. This month, the Trump administration secured permission from a federal court to roll back regulations that would have removed medical debt from consumer credit reports. That puts Americans who cannot pay their medical bills at risk of lower credit scores, hindering their ability to get a loan or forcing them to pay higher interest rates. 'For tens of millions of Americans, balancing the budget is like walking a tightrope,' said Chi Chi Wu, a staff attorney at the National Consumer Law Center. 'The Trump administration is just throwing them off.' White House spokesperson Kush Desai did not respond to questions about how the administration's health care policies will affect Americans' medical bills. The president and his Republican congressional allies have brushed off the health care cuts, including hundreds of billions of dollars in Medicaid retrenchment in the mammoth tax law. 'You won't even notice it,' Trump said at the White House after the bill signing July 4. 'Just waste, fraud, and abuse.' But consumer and patient advocates around the country warn that the erosion of federal health care protections since Trump took office in January threatens to significantly undermine Americans' financial security. 'These changes will hit our communities hard,' said Arika Sánchez, who oversees health care policy at the nonprofit New Mexico Center on Law and Poverty. Sánchez predicted many more people the center works with will end up with medical debt. 'When families get stuck with medical debt, it hurts their credit scores, makes it harder to get a car, a home, or even a job,' she said. 'Medical debt wrecks people's lives.' For Americans with serious illnesses such as cancer, weakened federal protections from medical debt pose yet one more risk, said Elizabeth Darnall, senior director of federal advocacy at the American Cancer Society's Cancer Action Network. 'People will not seek out the treatment they need,' she said. Trump promised a rosier future while campaigning last year, pledging to 'make America affordable again' and 'expand access to new Affordable Healthcare.' Polls suggest voters were looking for relief. About 6 in 10 adults — Democrats and Republicans — say they are worried about being able to afford health care, according to one recent survey, outpacing concerns about the cost of food or housing. And medical debt remains a widespread problem: As many as 100 million adults in the U.S. are burdened by some kind of health care debt. Despite this, key tools that have helped prevent even more Americans from sinking into debt are now on the chopping block. Medicaid and other government health insurance programs, in particular, have proved to be a powerful economic backstop for low-income patients and their families, said Kyle Caswell, an economist at the Urban Institute, a think tank in Washington, D.C. Caswell and other researchers found, for example, that Medicaid expansion made possible by the 2010 Affordable Care Act led to measurable declines in medical debt and improvements in consumers' credit scores in states that implemented the expansion. 'We've seen that these programs have a meaningful impact on people's financial well-being,' Caswell said. Trump's tax law — which will slash more than $1 trillion in federal health spending over the next decade, mostly through Medicaid cuts — is expected to leave 10 million more people without health coverage by 2034, according to the latest estimates from the nonpartisan Congressional Budget Office. The tax cuts, which primarily benefit wealthy Americans, will add $3.4 trillion to U.S. deficits over a decade, the office calculated. The number of uninsured could spike further if Trump and his congressional allies don't renew additional federal subsidies for low- and moderate-income Americans who buy health coverage on state insurance marketplaces. This aid — enacted under former President Joe Biden — lowers insurance premiums and reduces medical bills enrollees face when they go to the doctor or the hospital. But unless congressional Republicans act, those subsidies will expire later this year, leaving many with bigger bills. Federal debt regulations developed by the Consumer Financial Protection Bureau under the Biden administration would have protected these people and others if they couldn't pay their medical bills. The agency issued rules in January that would have removed medical debts from consumer credit reports. That would have helped an estimated 15 million people. But the Trump administration chose not to defend the new regulations when they were challenged in court by debt collectors and the credit bureaus, who argued the federal agency had exceeded its authority in issuing the rules. A federal judge in Texas appointed by Trump ruled that the regulation should be scrapped. Levey writes for KFF Health News, a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism.
Politico
36 minutes ago
- Politico
Why is DOJ speaking with Ghislaine Maxwell?
DAY TWO — As part of the Trump administration's effort to contain the backlash from their handling of the so-called Epstein files, Deputy Attorney General Todd Blanche spent a second day in Tallahassee today interviewing Ghislaine Maxwell. As a diversionary tactic, it's understandable. But as a strictly prosecutorial matter, the effort makes almost no sense. Maxwell, Epstein's longtime partner, raises multiple red flags that would ordinarily make her a very poor candidate to serve as a cooperating witness for the government. Among them: Maxwell's crimes with Jeffrey Epstein were heinous, and she went to trial instead of admitting her guilt and pleading out. She's serving a 20-year prison sentence for child sex trafficking and other crimes. On top of that, the Justice Department has already discredited her. They charged her with two perjury counts (which were later dropped after the sex trafficking conviction) and told the judge during her 2021 trial that she had been willing to 'brazenly lie under oath about her conduct.' Any credible DOJ cooperation deal at this point would require her to plead to those perjury counts, but it is far from clear whether she is willing to do that. The conduct at issue is also very old. Epstein and Maxwell's relationship dates back to the 1990s, and as a result, it will be much harder for the government to corroborate her testimony with other evidence or generate credible information that the government can act upon to charge others at this late date. Adding to the DOJ's problems is the fact that Maxwell has an obvious incentive to lie or otherwise shade her testimony to curry favor with the government. She would presumably want a pardon or commutation of her sentence at the end of the process, and the Trump administration appears particularly interested in information or testimony that would reflect well on Trump amid the growing body of information and reporting concerning his relationship with Epstein. (Trump has repeatedly and vehemently denied any involvement in or awareness of criminal misconduct on the part of Epstein or Maxwell.) Then there's the fact that Blanche himself is doing the interviews with Maxwell. The deputy AG is the DOJ's second-in-command. He presumably has more pressing and consequential matters to attend to than trying to execute a Hail-Mary cooperation deal with a child sex trafficker who is already in prison and who is unlikely to ever emerge as a credible witness in the eyes of the American public. So what gives? Trump and the DOJ are clearly feeling public and political pressure following their effort to quickly move past the Epstein saga and related conspiracy theories — theories that were advanced and indulged in recent years by Trump himself, along with Vice President JD Vance, FBI Director Kash Patel, Attorney General Pam Bondi and Deputy FBI Director Dan Bongino, among many other Trump allies. They are also clearly reluctant to release the information that those closely following the Epstein saga actually want — witness interviews, financial records, correspondence and flight logs, among other things. Maxwell aside, it is also unlikely that the grand jury testimony that the DOJ is separately seeking to unseal in New York will satisfy those tracking the Epstein saga even if the government is successful. That is true for a variety of reasons, not the least of which is that the testimony at issue likely represents only a sliver of information in the government's possession and may not have ranged widely beyond the specific charges that were brought in court against Epstein and Maxwell. As a result, onlookers should view any information that emerges through these avenues skeptically. One thing, however, is clear: The Trump administration and the DOJ are extending a saga that deeply traumatized Epstein's many victims. Under ordinary circumstances, the interests of victims in a situation like this would supersede the political interests of the White House, but they appear to have made a very different calculation. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@ Or contact tonight's author at akhardori@ MORNING MONEY: CAPITAL RISK — POLITICO's flagship financial newsletter has a new Friday edition built for the economic era we're living in: one shaped by political volatility, disruption and a wave of policy decisions with sector-wide consequences. Each week, Morning Money: Capital Risk brings sharp reporting and analysis on how political risk is moving markets and how investors are adapting. Want to know how health care regulation, tariffs, or court rulings could ripple through the economy? Start here. What'd I Miss? — Trump on Hamas: 'They want to die': President Donald Trump said today Hamas 'didn't want to make a deal' and 'they want to die,' claiming the group wants to retain the hostages to keep its negotiating leverage .The comments came one day after the United States pulled out of ceasefire talks between Israel and Hamas and as American allies put increasing pressure on Israel to let up on a campaign in Gaza that is causing widespread starvation. He added: 'It got to a point where you're going to have to finish the job,' an apparent reference to Israel continuing its military offensive against the group. — Trump administration moves to release billions in federal education cash: The Trump administration said today it will release billions of dollars in education funding that have been on hold for review for weeks, according to a senior administration official. Approximately $1.3 billion in money for after-school programs was released by the administration last week, with Friday's move marking the release of the remaining portion of the nearly $7 billion in funding that the administration withheld. The remaining dollars include money to support teacher preparation and students learning English, among other initiatives. — 14 Republican senators urge White House to release delayed NIH funds: Republican Sen. Katie Britt of Alabama is sounding the alarm about 'the slow disbursement rate' of National Institutes of Health funding included in the March spending bill signed by President Donald Trump. Britt, who serves as chair of the Senate Appropriations homeland subcommittee, led a letter today with thirteen of her GOP colleagues to White House Budget Chief Russ Vought, urging the Office of Management and Budget to 'fully implement' the stopgap government funding package enacted earlier this year. 'Suspension of these appropriated funds — whether formally withheld or functionally delayed — could threaten Americans' ability to access better treatments and limit our nation's leadership in biomedical science,' Britt and her colleagues warned. — Maxwell's lawyer says she's undecided on appearing for congressional testimony: A lawyer for Ghislaine Maxwell said his client is still deciding whether she will honor a congressional subpoena demanding her testimony next month before House lawmakers. 'We have to make a decision about whether she will do that or not,' said David Oscar Markus, an attorney for Maxwell, the convicted sex trafficker and co-conspirator of the deceased financier Jeffrey Epstein. 'That's been scheduled for the week of August 11th and we haven't gotten back to them on whether we'll do that.' Markus delivered these remarks after Maxwell completed a two-day interview with Deputy Attorney General Todd Blanche as part of the Trump administration's continued inquiry into the charges against Epstein's circle. — Pennsylvania Republican called out by Ethics panel for stock investments: A House panel tasked with investigating potential corruption charges against fellow members of Congress called on a Pennsylvania Republican to divest his family's holdings from a steel manufacturer today, citing concerns around the appearance of wrongdoing. The bipartisan Ethics Committee had been investigating a complaint that Rep. Mike Kelly's wife bought stock in Cleveland-Cliffs, an Ohio-based company, based on non-public information gleaned from Kelly's position as an elected official. Although Kelly's wife was not fully cooperative with the probe, the panel 'did not find evidence that [the lawmaker] knowingly or intentionally caused his spouse to trade based on insider information.' The panel urged Kelly and his wife to divest their holdings before he takes any more official actions related to Cleveland-Cliffs. — Venezuelan Little League team denied entry into US amid Trump travel ban: A Venezuelan Little League baseball team will not be allowed to participate in a championship tournament because the team was denied travel visas to the U.S. Little League International said on Friday the Cacique Mara Little League team from Maracaibo, Venezuela will not participate in the Senior League Baseball World Series in South Carolina this year, despite qualifying for the tournament, after being unable to obtain visas. Venezuela is among the countries the Trump administration has placed restrictions on travel to the U.S. CARNEY URGES ISRAEL — Canadian Prime Minister Mark Carney accused Israel late Thursday night of obstructing humanitarian aid to Gaza and called for international agencies to take over all distribution. 'Canada condemns the Israeli government's failure to prevent the rapidly deteriorating humanitarian disaster in Gaza,' Carney said. 'Israel's control of aid distribution must be replaced by comprehensive provision of humanitarian assistance led by international organizations. Many of these are holding significant Canadian-funded aid which has been blocked from delivery to starving civilians. This denial of humanitarian aid is a violation of international law,' he added. '50-50' CHANCE — European Commission President Ursula von der Leyen will meet Donald Trump on Sunday to discuss trade, as the U.S. president described the prospect of a deal with the EU as '50-50.' 'Following a good call' with Trump, 'we have agreed to meet in Scotland on Sunday to discuss transatlantic trade relations, and how we can keep them strong,' she said in a post on X on Friday. Three weeks ago, the EU and U.S. almost agreed on a deal for a 10 percent baseline tariff, but Trump pulled the rug out from under it by threatening 30 percent tariffs instead. A deadline of July 9 for Trump's tariffs to kick in was moved to Aug. 1. 'I would say that we have a 50-50 chance, maybe less than that, but a 50-50 chance of making a deal with the EU,' Trump told reporters at the White House before heading to the U.K. on a private visit and to meet with Prime Minister Keir Starmer. Nightly Number RADAR SWEEP READING THE STARS — Astrology, a longstanding part of Indian culture, is expanding its reach into the stock market. India's $7 billion astrology market is experiencing a boom as more people, especially younger generations, rely on planetary alignments to decide how to invest. Astrologers are offering their services to financial news shows and consultations through apps with tens of millions of users. The industry's growth has started to attract venture capitalists who see an opportunity to integrate AI into the age-old practice. Preeti Soni and Akriti Sharma report for Bloomberg. Parting Image Jacqueline Munis contributed to this newsletter. Did someone forward this email to you? Sign up here.
