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actionfromafar 2 days ago

The so called "audit" is not "possible" in the US either, except nobody intervenes when the laws are broken. Where is the security clearance?

tored 2 days ago | parent [-]

If they have security clearance then the audit would be legal?

justin66 2 days ago | parent | next [-]

You've hammered away on this question in multiple comments. Are you under the impression you're consulting with experts in US federal law?

tored 2 days ago | parent [-]

It seems that many objects to the audit on technicalities and use that as an argument that the audit itself is illegal or unconstitutional. It is a flawed argument.

justin66 2 days ago | parent [-]

> audit itself is illegal or unconstitutional

The audit might be unconstitutional because it's coming from a department which is wielding a great deal of Article II power even though it's not led by a cabinet official who was confirmed by congress. In other words, unconstitutional for organizational reasons that are unlikely to land any one person in criminal trouble. I wouldn't want to argue that point either way, but I bet the question of DOGE's constitutionality will be considered by a federal court in the coming years.

The notion that the audit is illegal because of "technicalities" is a lot more sympathetic. The handling of secure information in the government in unorthodox ways can be deemed to violate the law, or not, in some surprising (or maybe even arbitrary) ways. The last really big time this played out politically in the US was probably Clinton's email server.

As I hinted at above, I don't think anyone here is really conversant with that area of the law. On the other hand, I'm fairly certain even if DOGE has broken the law, the current DoJ will not find that DOGE has done anything requiring legal action, for the obvious political reasons.

tored 2 days ago | parent [-]

I find your answer most interesting yet, especially about Article II.

Apparently the president can appoint temporary advisors that does not need approval from congress. If Mr Musk qualifies for such appointment I guess is that something for the courts to decide. I guess that implies that the audit itself is time framed.

dragonwriter 2 days ago | parent [-]

In the Appointments Clause case challenging Musk’s role, the Administration has said Musk is officially an non-decision-making adviser (not a temporary one, just a generic White House staffer not requiring confirmation), and completely unconnected from US DOGE Service.

Oddly, they failed at the time, on direct questioning by the judge, to identify who the Administrator of US DOGE Service currently is.

actionfromafar 2 days ago | parent | prev [-]

I don't know. I know if they don't, it's illegal.