DOGE is Legally Liable for Texas Drownings | The Jackal

13 Jul 2025

DOGE is Legally Liable for Texas Drownings

In a world increasingly battered by the ferocity of climate-driven storms, the catastrophic Texas floods of July 2025 stand as a grim testament to governmental negligence. 

The Department of Government Efficiency (DOGE), under the previous stewardship of Elon Musk and propelled by Donald Trump’s administration, slashed funding and staffing to critical agencies like the National Weather Service (NWS) and National Oceanic and Atmospheric Administration (NOAA).


On Tuesday, AP reported:

 
Debate erupts over role job cuts played in weather forecasts ahead of deadly Texas floods

Questions linger about level of coordination

Questions remain, however, about the level of coordination and communication between NWS and local officials on the night of the disaster. The Trump administration has cut hundreds of jobs at NWS, with staffing down by at least 20% at nearly half of the 122 NWS field offices nationally and at least a half dozen no longer staffed 24 hours a day. Hundreds more experienced forecasters and senior managers were encouraged to retire early.

The White House also has proposed slashing its parent agency’s budget by 27% and eliminating federal research centers focused on studying the world’s weather, climate and oceans.

The website for the NWS office for Austin/San Antonio, which covers the region that includes hard-hit Kerr County, shows six of 27 positions are listed as vacant. The vacancies include a key manager responsible for issuing warnings and coordinating with local emergency management officials. An online resume for the employee who last held the job showed he left in April after more than 17 years, shortly after mass emails sent to employees urging them to retire early or face potential layoffs.

Democrats on Monday pressed the Trump administration for details about the cuts. Senate Minority Leader Chuck Schumer demanded that the administration conduct an inquiry into whether staffing shortages contributed to “the catastrophic loss of life” in Texas.


These cuts, which saw NWS staffing plummet by 20% across half its field offices and 550 meteorologists depart, directly undermined the ability to issue timely flood warnings. The result? Over 100 lives lost, including 27 girls at Camp Mystic. This is not just a moral failure, it’s a legal one, demanding prosecution for negligent acts by federal employees.

The evidence is damning. The Austin/San Antonio NWS office, tasked with forecasting for the flood-ravaged Texas Hill Country, operated with six of 27 positions vacant, including a critical warning coordination role. Forecasts underestimated rainfall by up to 50%, and warnings, though issued, failed to reach communities effectively.

Former NOAA administrator Rick Spinrad has pointed to these staffing shortages as a direct cause of inadequate alerts. Yet, while Musk and Trump championed “efficiency” to justify slashing vital infrastructure, they funnelled tax cuts to themselves and their elite allies, a grotesque prioritisation of profit over people which has resulted in numerous American lives lost.

Legal precedents underscore the potential for accountability. In Katrina Canal Breaches Consolidated Litigation (2009), the U.S. Army Corps of Engineers was held liable for negligent maintenance of flood control systems, a ruling that bypassed sovereign immunity by focusing on operational failures.

Similarly, Freeman v. United States (1971) found the government liable for failing to warn of dangerous weather, affirming a duty to disseminate critical information. Indian Towing Co. v. United States (1955) further established that once the government undertakes a service like weather forecasting, it must execute it with accuracy and care.

DOGE’s cuts, which left NWS offices understaffed and unable to coordinate effectively, mirror these operational lapses. Under the Federal Tort Claims Act, such negligence by federal employees, caused by politicians cutting funding, could (and should) face prosecution, especially if specific regulations on staffing or warning protocols were violated.

Climate change amplifies this tragedy. Scientists like Avantika Gori note that warming oceans fuel more intense, localised storms, as seen in Texas with 30 to 50 cm (12-20 inches) of rain falling in hours. Governments worldwide, including New Zealand’s, share liability for failing to mitigate climate change or bolster infrastructure against its impacts.

The Paris Agreement’s tepid progress and inadequate emissions reductions leave communities vulnerable, with leaders complicit in disasters they’ve failed to prepare for. In Texas, DOGE’s cuts exacerbated this vulnerability, turning a climate-driven deluge into a massacre.

Musk and Trump’s actions reflect a callous disregard for public safety. While they gutted NOAA’s budget by 27% and eliminated research centres, they celebrated tax breaks for the ultra-wealthy, a moral bankruptcy that echoes across the globe.

Governments, whether in Washington or Wellington, have a duty to protect citizens from foreseeable harms. By prioritising fiscal “efficiency” over robust forecasting and mitigation, they’ve failed in that duty.

Senate Minority Leader Chuck Schumer’s call for an investigation is a start, but it’s not enough. Those responsible for these cuts must face legal consequences, not just political scrutiny.

The Texas floods are a clarion call. Climate change demands urgent investment in resilient systems, not reckless tax cuts to appease billionaires. Governments worldwide must be held accountable, legally and morally, for failing to act.

In New Zealand, we watch with horror, knowing our own climate inaction could invite similar tragedies. The time for excuses is over; the time for justice is now.