Judge directs DOGE to save records amid transparency lawsuit
A judge has indicated that the Department of Government Efficiency (DOGE) might be required to adhere to public records laws after a watchdog group, Citizens for Obligation and Ethics in Washington (CREW), accused it of operating without clarity. Judge Christopher Cooper mentioned that he would likely order DOGE to preserve all records amidst the lawsuit, which claims the agency has been withholding information improperly.
The lawsuit highlights concerns over DOGE’s opaque structure and its handling of Freedom of Information Act (FOIA) requests. The judge questioned whether DOGE staff were using encrypted messaging apps to delete communications, which could obstruct transparency. Even though government attorneys argued that CREW’s requests were overly broad, they acknowledged the growing scrutiny on DOGE amidst allegations of mishandling funds and communications, especially with Elon Musk’s leadership.
CREW has since narrowed its FOIA requests and is pushing for expedited responses, citing a looming government shutdown. The judge is deliberating on how to respond to these requests and whether DOGE qualifies as an agency under FOIA regulations.
Judge directs DOGE to save records amid transparency lawsuit
A judge signaled on Friday that the Department of Government Efficiency could be subject to public records laws after a watchdog organization accused DOGE in a lawsuit of operating as a “black box” agency that was improperly withholding information.
Judge Christopher Cooper said in a hearing he will “likely” include in a forthcoming order a stipulation that DOGE preserve all its records. Cooper said he would issue the order soon and that DOGE should begin saving its records immediately in the event he decides DOGE must hand over communications, ethics documents, and other nonpublic information.
The lawsuit was brought last month by the Citizens for Responsibility and Ethics in Washington. The group alleged that DOGE, its informal leader, Elon Musk, and its then-John Doe administrator, who the White House has since revealed is Amy Gleason, refused to comply with Freedom of Information Act requests.
Justice Department attorneys responded that the requests were unreasonably sweeping and that DOGE was not subject to FOIA anyway.
The lawsuit comes as Democratic lawmakers and outside groups intensify their scrutiny of DOGE, an entity President Donald Trump established as part of the Executive Office of the President to address wasteful spending.
Its critics have focused on DOGE’s opaque employee structure, multibillion-dollar mistakes it had previously passed off on its website as money saved, and wrecking-ball attitude Musk has projected amid mass firings across the government and efforts to quickly dismantle whole agencies.
Trump tapped Musk to lead DOGE, but the administration’s description of Musk’s role has also vacillated between heading DOGE and working as a senior adviser with no DOGE authority, depending on the context of the situation. Musk’s level of authority has become a focal point, in part, because of concerns about the conflicts his business interests could present.
CREW, the watchdog group, accused DOGE of acting in secret and said media reports have suggested its employees are improperly using the encrypted messaging app Signal, which allows messages to automatically delete after a period of time. The judge tried to clear this up during the hearing to no avail.
“Do you care to provide to court with any assurances that no DOGE staff is currently using Signal or otherwise deleting potentially relevant communications?” Cooper asked
A government attorney responded that he did not know but could “certainly talk to” his clients to see if he could find out.
CREW conceded that its initial FOIA demands were unrealistic and has since narrowed down its request, asking for expedited information about DOGE’s organizational information, conflicts of interest and ethics waivers, and communications between DOGE and other agencies. CREW said the looming government shutdown deadline next week makes its FOIA request eligible to be fast-tracked.
“We’re kind of grasping at straws here without information,” a CREW attorney said. “DOGE in its conception is a fast-moving, essentially, agent of chaos that’s affecting government functions throughout the executive branch.”
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Government attorneys said DOGE and agencies it has interacted with were jammed with hundreds of FOIA requests and that CREW had no good justification for moving to the front of the line.
Cooper weighed how to address CREW’s request, saying he was grappling with how to determine “at this early stage” whether DOGE was an agency subject to FOIA. He said he plans to decide expeditiously on whether to grant or deny a preliminary injunction or issue some other order.
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