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Supreme Court to Review Whether Elon Musk’s DOGE Is Subject to FOIA
By Drooid · · How we work
Supreme Court Takes Up DOGE Records Dispute
The United States Supreme Court announced that it will hear arguments in a lawsuit brought by the watchdog group Citizens for Responsibility and Ethics (CREW) seeking public-record disclosures from the Department of Government Efficiency (DOGE), the quasi-private entity created by Elon Musk during the early months of President Donald Trump’s second term. The Court’s decision to consider the case follows a prior June 2025 ruling in which the justices limited a district court order that had required DOGE to produce documents.
Origins of DOGE and Legal Challenge
DOGE was launched in the first year of the Trump administration with the stated goal of overhauling federal bureaucracy and cutting spending. After Musk left the initiative last year, CREW filed a Freedom of Information Act (FOIA) request for records of DOGE’s operations. When the request went unanswered, CREW sued, arguing that DOGE functions as a federal agency and therefore must comply with FOIA. The group contends that the public has a right to understand how DOGE carried out its sweeping reforms in 2025.
Court Rulings and Positions
Federal District Judge Christopher Cooper in Washington concluded that DOGE is likely subject to FOIA and ordered expedited production of the requested documents. An appeals-court panel subsequently affirmed that order. The Trump administration, represented by Department of Justice attorneys, maintains that DOGE is a presidential advisory body exempt from FOIA, citing separation-of-powers concerns and the need to protect the “autonomy and confidentiality” of such advisers. The administration also objected to a deposition of DOGE acting administrator Amy Gleason, arguing that the lower courts exceeded the Supreme Court’s prior guidance.
GAO Findings on Reported Savings
DOGE has claimed to have eliminated tens of billions of dollars in federal expenditures. However, a Government Accountability Office (GAO) report found that many of these savings were either unverified, lacked supporting evidence, or reflected contract terminations that were already underway when DOGE was formed.
Next Steps
The Supreme Court is expected to schedule oral arguments early next year and to issue a decision before the end of its current term in late June or early July. The outcome will determine whether DOGE’s internal documents must be disclosed under federal public-records law, potentially setting a precedent for the transparency of similar advisory entities.