A federal judge in Washington, D.C., has ordered the Department of Governmental Efficiency (DOGE), led by Elon Musk, to release records requested under the Freedom of Information Act (FOIA) by Citizens for Responsibility and Ethics in Washington (CREW).
The ruling comes after the Trump administration argued that DOGE, a quasi-governmental agency, was not subject to FOIA requirements.
In a 37-page ruling issued Monday, U.S. District Judge Christopher Cooper found that DOGE, referred to in legal filings as the U.S. DOGE Service (USDS), was operating with “unusual secrecy.”
The judge determined that without timely disclosure, CREW and the public would suffer irreparable harm. As a result, he ordered DOGE to process the FOIA request on an expedited basis and begin producing records on a rolling schedule.
DOGE’s Secrecy and Expedited FOIA Compliance
CREW’s attorneys argued that Congress lacked sufficient information on DOGE’s structure, funding, and authority, making it difficult to approve government funding. Judge Cooper largely agreed, citing the rapid pace of DOGE’s actions under the Trump administration.
The agency reportedly initiated mass firings, canceled government contracts, and accessed sensitive data—all with limited transparency.
Cooper noted that DOGE’s secrecy included keeping its leadership hidden from public view until late February and failing to disclose key personnel information.
“The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented,” Cooper wrote.
The judge concluded that delaying the FOIA request for years would cause irreparable harm.
FOIA Applicability and Presidential Authority
The Trump administration contended that DOGE was part of the Executive Office of the President and therefore exempt from FOIA. However, Judge Cooper rejected this argument, citing DOGE’s independent authority to implement policy, terminate contracts, and restructure federal agencies.
DOGE reportedly eliminated 104 diversity, equity, and inclusion-related contracts, cutting $1 billion in spending, and canceled 89 Department of Education contracts, saving another $900 million. Cooper found that these actions demonstrated substantial independent authority, making DOGE subject to FOIA.
While the court did not mandate immediate disclosure of the documents by Monday, as CREW had requested, Cooper ordered the agencies involved to preserve all relevant records. The lawsuit, filed by CREW in February, alleges that DOGE unlawfully refused to comply with FOIA and ignored demands to preserve records under the Federal Records Act.
Legal Implications and Next Steps
FOIA allows public access to non-exempt information from executive agencies that do not solely advise the President. CREW’s lawsuit seeks records on DOGE’s communications with federal agencies, organizational changes, and funding sources.
Following the ruling, CREW released a statement:
“Now more than ever, Americans deserve transparency in their government. Despite efforts and claims to the contrary, the government cannot hide the actions of the U.S. DOGE Service. We look forward to the expedited processing of our requests and making all the DOGE documents public.”
The case highlights ongoing tensions over government transparency and executive power, setting a precedent for future FOIA disputes involving quasi-governmental entities.
