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ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.
As members of Elon Musk’s Department of Government Efficiency have fanned out across the government in recent days, attention has focused on the young Silicon Valley engineers who are wielding immense power in the new administration.
But ProPublica has identified three lawyers with elite establishment credentials who have also joined the DOGE effort.
Two are former Supreme Court clerks — one clerked for Chief Justice John Roberts, another for Justice Neil Gorsuch — and the third has been selected to be a Gorsuch clerk for the 2025-2026 term.
Two of the lawyers’ names have not been previously reported as working for DOGE.
All three — Keenan Kmiec, James Burnham and Jacob Altik — have DOGE email addresses at the Executive Office of the President, according to records reviewed by ProPublica. Altik was recently an attorney at the firm Weil, Gotshal & Manges, but his bio page is now offline. Neither the White House nor any of the three lawyers immediately responded to requests for comment about their roles.
Referring to DOGE work, the White House told ProPublica in a statement earlier this week that, “Those leading this mission with Elon Musk are doing so in full compliance with federal law.”
However, DOGE’s aggressive actions across the government have already drawn lawsuits contending that the group has broken the law.
The legal challenges brought by several groups could ultimately reach the Supreme Court. This week, for example, more than a dozen Democratic attorneys general said they would sue to block DOGE’s access to the Treasury Department’s payment systems, and federal employee unions sued to challenge the DOGE-led dismantling of the U.S. Agency for International Development.
“What’s striking is how contemptuous the administration seems to be of traditional administrative law limitations — in ways that might get them into trouble,” said Noah Rosenblum, a law professor at New York University. “When this stuff goes to the courts, one important question is going to be: How well-lawyered was it?”
Trump formally created DOGE with an executive order on the first day of his administration. The order describes teams of at least four people — a leader, a lawyer, a human resources professional and an engineer — who would be detailed to government agencies. Exactly how DOGE is currently structured is not clear, nor are the specific assignments of each of the DOGE lawyers identified by ProPublica.
Trump has granted Musk, the world’s richest man, vast powers to seize control of government agencies, their offices and staff. “He’s a very talented guy from the standpoint of management and costs, and we put him in charge of seeing what he can do with certain groups and certain numbers,” Trump said of Musk on Monday, adding that “Elon can’t do and won’t do anything without our approval.”
The Trump administration has declined to provide information on who is working in Musk’s DOGE group. More than two dozen members of the effort have been identified, and ProPublica is compiling them as part of an ongoing reporting project.
A bit more about the three DOGE lawyers most recently identified by ProPublica:
James Burnham, whose title at DOGE is listed internally as general counsel, is a prominent lawyer in conservative legal circles. In Trump’s first term, Burnham said he was brought to the White House counsel’s office by the office’s top lawyer, Don McGahn. He said he worked on the administration’s judicial selection process, including Gorsuch’s appointment to the high court. He went on to work in the Trump Justice Department and clerk for Gorsuch in 2020.
"He’s a smart guy, and a very conservative lawyer,” Ty Cobb, a lawyer in the first Trump White House, said of Burnham in an interview.
Burnham later launched a boutique law firm and a litigation finance fund that seeks to “ensure righteous lawsuits never falter for lack of financial resources,” according to its website. Burnham was also helping DOGE with legal matters before Trump’s inauguration, The New York Times reported in January.
Keenan Kmiec’s career veered from elite law to, more recently, crypto. After clerking for then-Judge Samuel Alito on a federal circuit court, he clerked on the Supreme Court for Roberts in the 2006-2007 term, according to his LinkedIn. He did a stint at a corporate law firm and had his own firm focused on insider-trading litigation.
Kmiec appears to have become interested in crypto long before it went mainstream. A friend wrote an essay published online recalling meeting Kmiec at an Irish pub in Washington’s Dupont Circle in the mid-2010s, where the men spoke about “the errors of central banks, the libertarian movement, and Bitcoin.”
In 2021, Kmiec began working for a Swiss foundation that promotes a blockchain called Tezos, according to his LinkedIn. He then served for nine months as CEO of a now-defunct startup called InterPop, which described itself as “forging the future of digital fandom with comic, game, and collectible NFTs minted responsibly on the Tezos blockchain.” A former staffer at InterPop described the company in an interview as a refinement of the Magic: The Gathering card game. But the former staffer added, “We ran out of money and the game failed.”
There’s little in the public domain about Kmiec’s political views. In 2009, he wrote a column for Politico critiquing the widespread use of the term “judicial activism,” which he called an ill-defined “empty epithet.” The previous year, he gave $500 to Barack Obama’s campaign, according to federal election records. Kmiec’s father, Douglas Kmiec, a former Reagan administration lawyer and prominent conservative law professor, also made headlines for endorsing Obama. (Obama later named Douglas Kmiec ambassador to Malta.)
DOGE lawyer Jacob Altik is a 2021 graduate of the University of Michigan Law School. Altik was selected to clerk for Gorsuch at the Supreme Court in the term that starts this summer, according to an announcement by his law school that was confirmed by a Supreme Court spokesperson.
Altik recently worked as a corporate litigation associate at Weil and previously clerked for D.C. Circuit Court of Appeals Judge Neomi Rao, a Trump appointee known for critiquing the administrative state. He also interned at a nonprofit called the New Civil Liberties Alliance, which has been at the forefront of legal efforts to rein in the power of federal agencies.
We’ve added these names — along with more than 20 others — to ProPublica’s ongoing project tracking DOGE members.
We are still reporting. Do you have information about any of the people listed below? Do you know of any other Musk associates who have entered the federal government? You can reach our tip line on Signal at 917-512-0201. Please be as specific, detailed and clear as you can.
Kirsten Berg, Christopher Bing and Annie Waldman contributed reporting.
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Elon Musk’s DOGE Is Expected to Examine Another Treasury System Next Week
ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.
After creating an uproar last week for demanding access to a sensitive system at the Treasury Department, officials affiliated with Elon Musk’s Department of Government Efficiency are expected to turn their attention to another restricted database next week, according to two people with knowledge of their plans.
The new target, the sources said, is a database that tracks the flow of money across the government, from the Treasury to specific agencies and then to the ultimate destination of the funds.
The data in the system, known as the Central Accounting Reporting System, or CARS, is considered sensitive. Many transactions flowing to the same place, for example, can suggest a new national security priority for the U.S. government. People who work with the system have in the past been briefed that the database may be of interest to foreign intelligence agencies, said a third source who has familiarity with the system.
Musk’s affiliates are expected to arrive at Treasury offices in Parkersburg, West Virginia, next week, according to two sources, prompting concern among the staff there. The offices house a large number of staffers who work for the previously obscure Bureau of the Fiscal Service, the part of the Treasury that manages accounting and payments systems.
A spokesperson for DOGE did not immediately respond to requests for comment. Neither did a Treasury spokesperson.
CARS is intended to standardize accounting across government agencies and account for how money is moved. It’s unclear what specifically the DOGE team’s interest in the system is. When government auditors have examined the system in the past, the Treasury has pushed for them to do it in secure environments or on the Fiscal Service’s laptops.
DOGE’s earlier actions at the Treasury have become a focus of congressional scrutiny and a federal court battle in recent days. Musk’s team initially tried to halt money going to the U.S. Agency for International Development from the Treasury’s payment system.
A veteran career official within the Treasury pushed back and then retired in the face of the demands. On Friday morning, The Washington Post reported that one of the DOGE-affiliated staffers involved in that standoff, Tom Krause, a Silicon Valley tech executive, would be replacing the career official who resigned, which would give him power over the Bureau of the Fiscal Service’s payment and accounting systems.
Federal workers unions took the matter to court, and a judge on Thursday temporarily limited Musk’s team to read-only access.
The Treasury has assured Congress that the DOGE-affiliated staffers have read-only privileges for the payment system, but Sen. Ron Wyden, D-Ore., has raised concerns that the agency may have misled lawmakers, citing reports from Wired that a DOGE staffer had “read-write” access for several days. “Treasury’s refusal to provide straight answers about DOGE’s actions, as well as its refusal to provide a briefing requested by several Senate committees only heightens my suspicions,” Wyden said in a statement on Friday.
One of the two Musk-affiliated officials probing the Treasury’s systems resigned Thursday after The Wall Street Journal discovered racist posts on a social media account linked to him.
The posts included “I was racist before it was cool” and “I would not mind at all if Gaza and Israel were both wiped off the face of the Earth.”
It’s not clear which personnel are scheduled to make the trip to West Virginia or if the resignation will affect those plans. By Friday morning, Musk was posting on X about bringing the staffer back, and Vice President JD Vance backed the idea, saying, “I don’t think stupid social media activity should ruin a kid’s life.” In a press conference, Trump said he wasn’t familiar with the situation but backed Vance’s take.
Do you have any information about DOGE and the Trump administration’s moves at Treasury that we should know? Robert Faturechi can be reached by email at robert.faturechi@propublica.org and by Signal or WhatsApp at 213-271-7217. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.
Alex Mierjeski contributed research.
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