A federal judge on Monday ruled that the Elon Musk-led Department of Government Efficiency’s records must release records about its operation under the Freedom of Information Act (FOIA), in a major win for watchdog groups calling for expanded transparency into DOGE’s operations which the judge said were being carried out with “unusual secrecy.”
Leader of the Department of Government Efficiency Elon Musk wears a shirt that says "Tech Support" ... [+]
In his preliminary ruling, U.S. District Judge Christopher Cooper noted DOGE’s “unprecedented” and sweeping authority in dealing with federal agencies and contracts based on media reports.
The Citizens for Responsibility and Ethics in Washington (CREW) had brought the case against DOGE after the agency refused to process the watchdog group’s request for information under FOIA on the ground that it was “not an ‘agency’ subject to FOIA.”
Cooper rejected the argument that DOGE was an arm of the president’s executive office—and therefore not covered by FOIA—and said the Musk-led agency was exercising “substantial independent authority,” and its records must be subject to the transparency law.
The judge ruled that DOGE must process CREW’s requests for information “on an expedited timetable” and begin “producing documents on a rolling basis as soon as practicable.”
The judge also issued a preservation order that requires DOGE to preserve all the documents and records requested by CREW, as evidence suggests the agency’s operatives “may not fully appreciate their obligations to preserve federal records.”
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“Congress needs the requested information in a timely fashion to use it effectively. The electorate also requires the expeditious production and publication of this information. Voters may seek to influence congressional representatives to take action 33 responsive to USDS at any point along the road. And ‘the…information’ sought by CREW would contribute ‘to an informed electorate capable of developing knowledgeable opinions and sharing those knowledgeable opinions with their elected leaders,’” Cooper wrote.