Article V: Creation of Unlawful Office

The Constitution provides that the House of Representatives shall have the sole Power of Impeachment and that the President shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Further, Section 2 of Article II of the Constitution states that the President shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States … but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. In his conduct of the office of President of the United States—and in violation of his constitutional oath to faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump has abused the powers of the Presidency in a manner offensive to, and subversive of, the Constitution, in that: Using the powers of his high office, Donald John Trump has, through unlawful orders and directives, created an unlawful office, the so-called Department of Government Efficiency (DOGE), and assigned an extensive range of unlawful powers, effectively granting this flagrantly unconstitutional creation significant control over the executive branch. Donald John Trump has appointed Mr. Elon Musk as the de facto head of this contrived entity, which was not created or funded by any law, without a formal title or office. These actions have been in direct violation of the Constitution’s requirement that principal officers of the United States must be created by law and their appointees confirmed by the Senate, and that inferior offices must be created by law with their appointment vested as Congress may determine. Additionally, he has vested these powers in Mr. Musk without complying with the constitutional requirement that all officers of the United States be commissioned by the President and swear an oath of office to support the Constitution. Mr. Musk has been designated as a special government employee of the White House Office, in violation of statutory authorization and restrictions on such designations. This false claim has also been used to commit violations of the ethics, disclosure, and conflict-of-interest laws applicable to government officers and regular employees. Contrary to the Government’s claims in court, Mr. Musk has exercised de facto control over DOGE and, through it, control over a wide range of Government departments and agencies. This unmistakable reality has been repeatedly and openly stated by the Trump Administration, including by Donald John Trump’s own address to Congress on March 4, 2025. In this capacity, Mr. Musk and his subordinates have undertaken numerous violations of the Constitution and laws, including by— (1) impoundment of funds appropriated by Congress; (2) violations of privacy and security laws with respect to sensitive information systems, personally identifiable information, and classified material; and (3) termination of government employees under false pretenses and in violation of civil service laws. These actions have vastly exceeded the terms of the formal executive orders purporting to create DOGE under the direction of a U.S. DOGE Service Administrator, an office which remained vacant for several weeks, with the Government’s own attorneys claiming in court that the official head of DOGE was unknown to them. Since that time, a nominal Administrator has been named, despite the repeated avowals from the President and his Administration that Mr. Musk controls and directs DOGE, as confirmed by ample public reporting and Mr. Musk’s own statements. Donald John Trump has abused the powers of his high office and breached the public trust by establishing the so-called Department of Government Efficiency and unconstitutionally placing Mr. Musk in control of this entity, knowingly provided false testimony to the court regarding the leadership of the said entity, and directing the unlawful entity to implement his agenda, in violation of the Constitution’s objective of establishing Justice and fundamental rules for how the executive branch of the United States is to be structured and how persons may be appointed to public office. Wherefore, Donald John Trump, by such conduct, has demonstrated that he is unfit to govern a Nation by and for the people, has acted in a manner grossly incompatible with self-governance and the rule of law, and will remain a threat to the Constitution if allowed to remain in office.