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The executive branch has no inherent authority to create agencies, let alone hire employees, aside from those already authorized by Congress.
The only thing the White House can do is create advisory committees, which have no authority to execute policy. There is established case law on this. They must have a written charter, all their work is subject to FOI, and there is a limit on the number and pay set by Congress.
https://www.law.cornell.edu/uscode/text/5/1008
https://crsreports.congress.gov/product/pdf/LSB/LSB10183
https://www.lawinsider.com/dictionary/presidential-advisory-committee
The White House essentially rebranded an existing entity that was congressionally appropriated to make the DOGE:
https://en.m.wikipedia.org/wiki/United_States_Digital_Service
God damn that’s so much more cringe than I realized.
The EO admits the president can’t even rename it, can only give it an “alternative” “public” name. Lol.