Exposed: Secret Pact Between 14 Blue States, Left-Wing Groups, and NYC Law Firms
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Exposed: Secret Pact Between 14 Blue States, Left-Wing Groups, and NYC Law Firms

Exposed: Secret Pact Between 14 Blue States, Left-Wing Groups, and NYC Law Firms

The so-called “Common Interest Agreement” will take center stage in next year’s midterm campaign ads. … The Democrats are on the wrong end of an 80-20 issue.

Well, well, well. It’s hardly a surprise to discover that the wave of lawsuits against Elon Musk’s Department of Government Efficiency (DOGE) is no coincidence. The Oversight Project at the Heritage Foundation has obtained a copy of a secret agreement outlining a coordinated legal offensive—an alliance between 14 blue states, left-wing activist groups, and prominent NYC law firms—all targeting DOGE and Musk himself.

What is surprising, however, is that they actually formalized their nefarious intentions.

Signed less than a month after DOGE began operations, this agreement is yet another example of the Democrats’ “whatever it takes” brand of political warfare.

The document begins:

This Common Interest Agreement (“Agreement) is made and entered into by and between the States of New Mexico, Arizona, Michigan, Califomia [sic], Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington and State Democracy Defenders Fund (the “Parties”). The Parties have agreed that they have a common interest in developing legal strategies to challenge the creation and actions of the Department of Government Efficiency (“DOGE) and the actions of Elon Musk as a special government employee and a common interest in existing or future investigative, regulatory, administrative, and judicial actions or inactions, including but not limited to any administrative or judicial proceedings related to or arising from those legal strategies (“Matters of Common Interest”).

The Democrats are on the wrong end of an 80-20 issue, fighting tooth and nail to block a federal government audit that has already uncovered more than $105 billion in fraud, waste, and abuse. A recent Harvard/Harris poll shows that 76% of voters support DOGE’s efforts, yet Democrats—whose job is to represent the interests of their constituents—have gone to extraordinary lengths to obstruct it, even putting their opposition in writing. Needless to say, the so-called “Common Interest Agreement” will take center stage in next year’s midterm campaign ads.

Coming on the heels of the Democrats’ disgraceful behavior during President Donald Trump’s address to Congress this week, the disclosure of this document couldn’t come at a worse time.

Their actions on Tuesday night betrayed the sanctity of the offices they are privileged to hold. Instead of conducting themselves as dignified members of an esteemed body of legislators, they behaved like classless, anti-American fools.

From their initial heckling and shouting—which led to Rep. Al Green’s (D-TX) removal from the chamber—to their refusal to acknowledge even the most poignant and bipartisan moments of the speech, the party’s transformation was on full display.

They appear to have learned nothing from former Vice President Kamala Harris’s stinging defeat in November. Her loss—along with former President Joe Biden’s forced withdrawal from the race—has left the party leaderless and many believe, adrift.

Their downfall was massive, yet their arrogance remained intact.

Democrats, who once championed the fight for working-class Americans, no longer stand for anything. Nor do they have a coherent message beyond “Trump is evil.” Their collective Trump Derangement Syndrome has left little room for actual governance or advancing the will of the people they were elected to represent.

Rather than engaging in some reflection on their failures, they are doubling down on the same malicious, unethical, and even seemingly corrupt, strategies that put them in the wilderness they now find themselves in.

Frankly, I hope they continue on this path because, if the midterms were held today, Democrats would lose seats.

On a related note, I’ve noticed that Trump-supporting political action committees have already begun running ads—at least on Fox—highlighting his accomplishments so far and contrasting them with the Democrats’ efforts to obstruct his progress. I’ve never seen what are essentially campaign ads run this early in an election cycle. The Trump administration understands that holding their House and Senate majorities is critical to advancing his agenda and is leaving nothing to chance.

Democrats know this too, which is why they’ve been sending operatives—masquerading as GOP members—to Republican town halls in an attempt to create the illusion that even their constituents oppose DOGE’s efforts.

After a decade of hoaxes aimed at destroying Trump, the public seems to have caught on.

At least, I hope so.


Elizabeth writes commentary for The Washington Examiner. She is an academy fellow at The Heritage Foundation and a member of the Editorial Board at The Sixteenth Council, a London think tank. Please follow Elizabeth on X or LinkedIn.

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Comments

irishgladiator63 | March 8, 2025 at 1:19 pm

Banning together to oppose the lawful government…there’s a word for this…hmmm…

I remember when we used to hang traitors

    JohnSmith100 in reply to Ironclaw. | March 8, 2025 at 3:45 pm

    Capital punishment for some Federal crimes is available as of Jan 21, 2025

    leoamery in reply to Ironclaw. | March 8, 2025 at 5:49 pm

    Tell us about this memory(ies) When was it?

      ztakddot in reply to leoamery. | March 9, 2025 at 4:00 pm

      Billy Bailey was the last person to be hanged in the United States. He was found guilty of two murders. He was executed in Delaware in 1996, For his last meal the condemned requested a well-done steak, a baked potato with sour cream and butter, buttered rolls, peas, and vanilla ice cream.

      I’d hang him just for having his steak well done. That was criminal.

Elizabeth is apparently not a lawyer, so she may not appreciate the rationale for, and consequences of, this type of agreement, which traditionally was termed a joint defense agreement. It is designed to extend the attorney-client privilege to secure communications among the parties or their lawyers from discovery by adverse parties (here, the federal government under the Trump administration). I doubt that much discovery has occurred in the early stages of these numerous lawsuits, so there has been little opportunity to test the efficacy of the Dems’ strategy.

    alaskabob in reply to jakebizlaw. | March 8, 2025 at 2:35 pm

    If it’s Tuesday it must be sedition while on Friday it’s treason. As Milhouse will point out, the very act of a pact being created isn’t unconstitutional unless it violates Federal law. Knowing the Dems they will test the penumbra of the law to see how far that they can/have gone. It all boils down to what Roberts and Coney Island (grin-n’-) Barrett. think.

      henrybowman in reply to alaskabob. | March 8, 2025 at 3:02 pm

      The downside is that if just one member screws up, you’ve opened the gate to RICO Country.

      Milhouse in reply to alaskabob. | March 8, 2025 at 4:01 pm

      Actually the very act of a pact being created may be unconstitutional, if it’s one that expands the contracting states’ powers at the expense of Congress’s power.

      The constitution specifically forbids interstate agreements without Congress’s permission, but the courts have ruled that that only applies to agreements that encroach on Congress’s power, and not to ones that only affect the states themselves and are none of Congress’s business. So whether this agreement is unconstitutional depends on how you look at it. It seems to be that it’s probably OK, but I wouldn’t bet money on it.

        Concise in reply to Milhouse. | March 8, 2025 at 8:19 pm

        I think there is at least a colorable argument that this interstate compact, in addition to being politically unseemly, is illegal. At the very least, such an argument would seem to have more as much, or more, merit as the litigation instigated by this pact.

          Milhouse in reply to Concise. | March 8, 2025 at 11:23 pm

          As I said, I think it’s probably legal, but I wouldn’t bet money on it. The argument that it’s unconstitutional is colorable like a Van Gogh. And of course the litigation instigated is almost without merit at all.

        Elizabeth Stauffer in reply to Milhouse. | March 8, 2025 at 8:46 pm

        Interesting.

        alaskabob in reply to Milhouse. | March 9, 2025 at 6:17 pm

        It all boils down to intent. If the intent is to thwart the Executive and Legislative branches of government from their duties than ALL of the signers are culpable. No hanging separately with this one… all together. As in “how many armies does the Pope have”….how many armies do these states have and are the leaders willing to go to the gallows for this?

      MattMusson in reply to alaskabob. | March 8, 2025 at 8:07 pm

      Trans groups are on a mission to disrupt Tesla. It’s the only transmission on the lot.

    JohnSmith100 in reply to jakebizlaw. | March 8, 2025 at 3:51 pm

    Doesn’t this kind of collusion open them to RICO charges?

    Crawford in reply to jakebizlaw. | March 8, 2025 at 7:00 pm

    If Texas has no interest in the election laws of other states, and has no place to enforce immigration laws, then other states have no place beyond their Congressional representation to influence the federal budget. This document is an attempt to seize power they have no Constitutional right to via the courts.

      Milhouse in reply to Crawford. | March 8, 2025 at 11:33 pm

      That does not follow at all. Texas has no standing to sue over how Pennsylvania chooses its electors. It’s none of Texas’s business. But if a state is legally entitled to receive money and the president unlawfully decides not to pay it, then of course that state has standing to sue.

      For instance, when Congress told South Dakota that if it didn’t raise its drinking age to 21, it would lose 5% of its highway funding, SD absolutely had standing to sue for the money — and had the cut been much bigger it would have won. Likewise when Congress told the states that if they didn’t establish 0bamacare exchanges they would lose their Medicaid funding, several states sued and won. And of course if the president were to unilaterally cut a state’s or a city’s funding because it’s a sanctuary state or city, even by a dollar, they would have standing to sue and would win, because even a small cut must be explicitly made by Congress, not by the president.

    Elizabeth Stauffer in reply to jakebizlaw. | March 8, 2025 at 8:48 pm

    No, not a lawyer.

henrybowman | March 8, 2025 at 1:48 pm

I’m so ashamed of Arizona. We have to ditch our crazy white chicks in power and get adults back in charge.

Will someone pass the popcorn?
I’m ready to watch the main feature.

“No State shall, without the Consent of Congress…enter into any Agreement or Compact with another State…”

I understand this prohibition has been eroded by the courts (and possibly by Congress), but it is what it is, a strict prohibition on any sort of formal coordination by the States without Congressional assent. The language is plain, the intent clear, there are no exceptions. Return to principles and the Constitution.

    Milhouse in reply to DaveGinOly. | March 8, 2025 at 4:04 pm

    SCOTUS long ago ruled that it’s obvious that this doesn’t apply to agreements that don’t affect Congress and are thus none of its business. If Arizona wants to rent an office in Manhattan, and signs a lease with the NY government, that’s an interstate compact but there’s no reason they should need Congress’s permission.

      Crawford in reply to Milhouse. | March 8, 2025 at 7:00 pm

      This *DOES* involve federal matters, particularly spending — which is a CONGRESSIONAL MATTER!!!

      They need permission from Congress.

        Milhouse in reply to Crawford. | March 8, 2025 at 11:39 pm

        That it “involves federal matters” is not the criterion. The criterion is whether it enlarges the compacting states’ power at Congress’s expense. In this case that would be a close argument. I think the states would win, but I’m not at all certain.

      DaveGinOly in reply to Milhouse. | March 8, 2025 at 8:11 pm

      Is there anything in the section that says the agreement must affect Congress? Yes, it’s in Article 1, but the inference is a reach. Nothing in the language itself implies that any of the prohibited agreements must affect Congress.

      The section regulates three classes of State action:
      1. Prohibits acts by the States that are also prohibited to Congress (e.g., enacting bills of attainder or ex post facto laws; granting titles of nobility)
      2. Prohibits acts by the States that are within the exclusive legislative jurisdiction of Congress (e.g., the granting of letters of marque and reprisal; coining money), preventing infringement by the States upon Congress’ prerogatives
      3. Requires the consent of Congress for some State acts that are neither prohibited to Congress nor fall within its exclusive legislative jurisdiction
      (I include this final category because the “agreements and compacts” clause seems to be unique and does not fall into either of the first two categories, as do all or nearly all of the other prohibitions in Section 10.)

      A list of the regulated acts in the paragraph under discussion:

      Laying duty on tonnage
      Keeping troops or ships in time of peace (meaning the States may keep troops or ships in time of war)
      Entering into agreements or compacts with other States or foreign powers
      Engaging in war (immediate self-defense permitted and, apparently, allowing pre-emptive strikes if in “imminent danger” from an adversary)

      Can a State lay a duty on tonnage without Congress’ consent, so long as the act doesn’t affect Congress?
      Can a State keep troops or ships in time of peace without Congress’ consent, so long as their keeping doesn’t affect Congress?
      Can a State engage in war without Congress’ consent, so long as the war doesn’t affect Congress?

      Of course, the answer to these questions is, “No.” These things are prohibited to the States, whether or not they have an effect on Congress.

      Then why the special pleading that the prohibition on interstate agreements only applies to those that affect Congress?

      You might argue that all of the other acts would necessarily have an effect on Congress. Granting this is true, it is unclear from the language that this is why the acts are provisionally prohibited. But if this is true, admitting that the other acts all would affect Congress, and therefore the prohibitions are applicable in all instances, why isn’t that same characterization applied to agreements between the States? The argument, “Because agreements between the States don’t always affect Congress” is a post hoc argument, not clearly inferred from the text. Could the same post hoc argument be made for one of the other prohibitions? Why not? If a State lays a piddling, token duty on tonnage, can it get away with it by arguing “It had no measurable effect on Congress”? Almost certainly not. (If it could, why couldn’t it make the same argument in defense of the other prohibited acts? Over time, successful arguments could render the clause useless.)

      The argument that some of the prohibitions in the clause are absolute (one has explicit exceptions, demonstrating that it would otherwise be absolute – the lack of such an exception in the others infers they are absolute) but one is not, and that this singular element has unstated exceptions, is inconsistent with the language and intent of the clause, its grammatical construction, and not clearly inferred by the language of the specific prohibition nor by the language of the other prohibitions (including those in other paragraphs of the section). It is a post hoc interpretation unsupported by the text.

      It is made up BS.

      Why is the consent of Congress required? Because any of these acts might affect Congress. But this is for Congress to determine for itself, not the States. Congress can review an agreement between States and consent because it does not, in fact, affect Congress. Congress may find that such an agreement does, in fact, affect Congress. It can then consider the degree to which it is affected, and determine (for itself) whether or not to consent. So we can agree that the clause only applies to agreements between the States that affect Congress, but that’s an issue for Congress to decide when reviewing a specific agreement.

      Do you think Congress would consent to the instant agreement? Could it not find something in it that may adversely affect Congress or is prejudicial to its authority or prerogatives? Or does Congress accept the say-so of the States, “Everything’s fine here. We’re all fine.” The purpose of requiring congressional consent was to assure congressional review. Only by review can the Congress determine, for itself, whether or not the agreement affects it, and therefore whether or not it should have its consent.

        Milhouse in reply to DaveGinOly. | March 8, 2025 at 11:51 pm

        Read Virginia v Tennessee.

        There are many matters upon which different states may agree that can in no respect concern the United States. If, for instance, Virginia should come into possession and ownership of a small parcel of land in New York, which the latter state might desire to acquire as a site for a public building, it would hardly be deemed essential for the latter state to obtain the consent of Congress before it could make a valid agreement with Virginia for the purchase of the land.

        If Massachusetts, in forwarding its exhibits to the World’s Fair at Chicago, should desire to transport them a part of the distance over the Erie Canal, it would hardly be deemed essential for that state to obtain the consent of Congress before it could contract with New York for the transportation of the exhibits through that state in that way.

        If the bordering line of two states should cross some malarious and disease-producing district, there could be no possible reason, on any conceivable public grounds, to obtain the consent of Congress for the bordering states to agree to unite in draining the district, and thus removing the cause of disease. So, in case of threatened invasion of cholera, plague, or other causes of sickness and death, it would be the height of absurdity to hold that the threatened states could not unite in providing means to prevent and repel the invasion of the pestilence without obtaining the consent of Congress, which might not be at the time in session.

        If, then, the terms “compact” or “agreement” in the Constitution do not apply to every possible compact or agreement between one state and another, for the validity of which the consent of Congress must be obtained, to what compacts or agreements does the Constitution apply?

        […]

        Looking at the clause in which the terms “compact” or “agreement” appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States.

        Milhouse in reply to DaveGinOly. | March 8, 2025 at 11:57 pm

        Can a State lay a duty on tonnage without Congress’ consent, so long as the act doesn’t affect Congress?

        If it’s small enough the state could argue that de minimis non curat lex.

Bar and ethics complaints should be filed against all lawyers involved due to the improper nature of their actions.

That party needs to drop the name ‘Democratic’. The rump leftovers would give organized crime a run for their money.

Will of the voter be dammed.

    Milhouse in reply to ztakddot. | March 8, 2025 at 11:59 pm

    They represent the will of their states’ voters, as expressed at the last gubernatorial election.

      ztakddot in reply to Milhouse. | March 9, 2025 at 12:53 pm

      Latest polling reveals over 2/3s of voters approve of DOGE efforts. This would include many who voted for Democrat governors.

        Milhouse in reply to ztakddot. | March 9, 2025 at 6:03 pm

        Representative democracy means we have regular elections, and public opinion in between elections is irrelevant. We don’t have and don’t want poll-driven government. The people of those states, when they had a chance to elect a governor, chose a Democrat; that means they chose these policies whether they like them or not. Next time let them choose more wisely.

UnCivilServant | March 8, 2025 at 3:58 pm

What surprises me more is that New York Isn’t on that list. I thought we were trying to take California’s crown as worst state in the Union.

Opposing the investigation/identification of questionable Gov’t spending much less actual fraud, waste and abuse seems politically foolish. The d/prog have enabled their whacko extremists for too long and allowed too much internal party political power and control to pass to them. These wokiesta leftist groups have become accustomed to receiving an unquestioned flow of grift, graft and payola.

2smartforlibs | March 8, 2025 at 4:54 pm

The swamp is deep.

So they just told the whole world straight up that they want the theft to continue. It seems every day the leftists show us who and what they are. How smart is that? Better, how smart are they?
.

Not at all surprised to see my state on the list. NM is poised to enact an assault weapons bad along with a high capacity magazine ban this legislative session. NM is dead last in every category used to measure the health of our state and they’re wasting a 60 day session on this garbage. Are they going after crime, our inability to attract health care providers or businesses? Nope… the governor has ordered an AWB and they’re going to deliver.

The Dhimmi-crat Party is a racketeering crime organization, masquerading as a political party. That was abundantly clear, even before DOGE’s revelations of utterly lawless, corrupt, obscene and outrageous examples of wanton grift, fraud, nepotism and profligacy. DOGE’s audits and investigations shone light on these innumerable schemes — no wonder the vile Dhimmi-crat apparatchiks are rabidly opposed to its investigations.

    Crawford in reply to guyjones. | March 8, 2025 at 7:03 pm

    “Through this inscription I wish to enter my dying protest against what is called the Democratic party. I have watched it closely since the days of Jackson and know that all the misfortunes of our nation has come to it through this so called party therefore beware of this party of treason.”

    — Inscription on the gravestone of Nathaniel Grigsby, ACW veteran