A federal judge has ruled that the Elon Musk-led Department of Government Efficiency (DOGE) must release internal records, rejecting claims that it is exempt from public disclosure laws.
The decision is seen as a victory for government transparency advocates.
On Monday, US District Judge Christopher Cooper determined that DOGE is likely subject to the Freedom of Information Act (FOIA) and must process records requests from watchdog group Citizens for Responsibility and Ethics in Washington (CREW). The judge emphasized DOGE’s “unprecedented authority” and noted concerns over its “unusual secrecy.”
While the ruling mandates the release of documents, Cooper declined to set a firm deadline, instead calling for “expedited processing” and “rolling production” of the requested records. He also issued a preservation order requiring DOGE to retain all relevant documents.
DOGE, established under the Trump administration and led by Musk, has been tasked with reducing government spending. It has overseen widespread agency restructuring and mass layoffs, which critics argue have been conducted with minimal transparency. Media reports suggest DOGE employees use encrypted messaging apps and non-government email accounts, raising concerns about record preservation.
The White House had argued that DOGE was an extension of the president’s executive office and thus not subject to FOIA. However, Cooper rejected this claim, stating that the agency exercises “substantial independent authority” over federal operations.
CREW, which brought the lawsuit, welcomed the decision, calling it a step toward accountability. The watchdog group had sought access to records detailing DOGE’s role in government downsizing, arguing that the public has a right to understand the agency’s decision-making process.
Elon Musk defended DOGE’s transparency efforts in a recent interview, stating that key decisions are publicly documented online. However, he did not address why the agency initially refused to comply with FOIA requests.
With input from Reuters, the New York Times, Forbes, and Business Insider.
