Judge mandates immediate disclosure of DOGE documents, referencing ‘unprecedented’ power and ‘unusual secrecy’
This marks the initial major ruling in an escalating legal effort to uncover the hidden aspects of DOGE, a decision that challenges Musk's continual claims regarding the operation's transparency.
TroibNews 
A federal judge has determined that Elon Musk's Department of Government Efficiency is exercising such extensive authority that its records are likely to be made public under federal law.
U.S. District Judge Christopher Cooper stated that the vast and “unprecedented” power of DOGE, formally known as the U.S. Digital Service, along with its “unusual secrecy,” necessitates the immediate release of its internal documents in accordance with the Freedom of Information Act.
“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 in a 37-page opinion.
This ruling marks a significant development in a growing legal effort to unveil DOGE’s secretive operations, challenging Musk’s claims about the transparency of the initiative and contradicting the White House's stance that Musk functions merely as a standard presidential adviser with limited decision-making power. Cooper indicated that this portrayal is undermined by substantial evidence that has emerged in court and the media.
The judge observed that DOGE’s rapid action and shifting leadership seem to be intentional. He has mandated “rolling” production of DOGE records to commence within weeks.
“The rapid pace of [DOGE’s] actions, in turn, requires the quick release of information about its structure and activities,” Cooper wrote. “That is especially so given the secrecy with which DOGE has operated.”
Cooper emphasized in his ruling the claims made in news articles suggesting that Musk’s initiative has resulted in the dismissal of tens of thousands of government employees, the restructuring of the U.S. Agency for International Development, the implementation of a government-wide deferred resignation program, and the provision of widespread access to sensitive government databases for relative outsiders.
Moreover, the judge pointed out that the executive order signed by Trump to establish DOGE, along with public remarks from the president and Musk, reinforced the understanding that the cost-cutting operation is engaged in activities beyond mere advice.
The Trump administration has situated the DOGE operation within the Executive Office of the President, seemingly to protect it from FOIA requests. While most divisions within the EOP are exempt from FOIA, a few entities that exercise independent authority are not. The Trump administration has also claimed that Musk is not part of the DOGE team but serves directly as an adviser to Trump.
Cooper's ruling represents a victory for Citizens for Responsibility and Ethics in Washington (CREW), which initiated a lawsuit seeking the prompt release of DOGE-related documents. While Cooper did not grant the group's request for the materials to be publicly disclosed before Congress votes on a spending bill that could affect a potential government shutdown, he acknowledged the urgency for such information.
“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,” Cooper stated. “Voters may seek to influence congressional representatives to take action responsive to USDS at any point along the road. And ‘[t]he dissemination of information’ sought by CREW would contribute ‘to an informed electorate capable of developing knowledgeable opinions and sharing those knowledgeable opinions with their elected leaders.’”
Additionally, Cooper critiqued the Trump administration's handling of the litigation, noting that its lawyers provided scant evidence regarding DOGE’s operations and management.
“Indeed, the Court wonders whether this decision was strategic,” Cooper remarked, pointing out that the administration's attorneys had adopted conflicting positions — asserting that DOGE qualifies as an “agency” under certain laws but not under others — “when it suits it.”
“Thus [DOGE] becomes, on defendants’ view, a Goldilocks entity,” Cooper wrote, “not an agency when it is burdensome but an agency when it is convenient.”
Olivia Brown for TROIB News
U.S. District Judge Christopher Cooper stated that the vast and “unprecedented” power of DOGE, formally known as the U.S. Digital Service, along with its “unusual secrecy,” necessitates the immediate release of its internal documents in accordance with the Freedom of Information Act.
“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 in a 37-page opinion.
This ruling marks a significant development in a growing legal effort to unveil DOGE’s secretive operations, challenging Musk’s claims about the transparency of the initiative and contradicting the White House's stance that Musk functions merely as a standard presidential adviser with limited decision-making power. Cooper indicated that this portrayal is undermined by substantial evidence that has emerged in court and the media.
The judge observed that DOGE’s rapid action and shifting leadership seem to be intentional. He has mandated “rolling” production of DOGE records to commence within weeks.
“The rapid pace of [DOGE’s] actions, in turn, requires the quick release of information about its structure and activities,” Cooper wrote. “That is especially so given the secrecy with which DOGE has operated.”
Cooper emphasized in his ruling the claims made in news articles suggesting that Musk’s initiative has resulted in the dismissal of tens of thousands of government employees, the restructuring of the U.S. Agency for International Development, the implementation of a government-wide deferred resignation program, and the provision of widespread access to sensitive government databases for relative outsiders.
Moreover, the judge pointed out that the executive order signed by Trump to establish DOGE, along with public remarks from the president and Musk, reinforced the understanding that the cost-cutting operation is engaged in activities beyond mere advice.
The Trump administration has situated the DOGE operation within the Executive Office of the President, seemingly to protect it from FOIA requests. While most divisions within the EOP are exempt from FOIA, a few entities that exercise independent authority are not. The Trump administration has also claimed that Musk is not part of the DOGE team but serves directly as an adviser to Trump.
Cooper's ruling represents a victory for Citizens for Responsibility and Ethics in Washington (CREW), which initiated a lawsuit seeking the prompt release of DOGE-related documents. While Cooper did not grant the group's request for the materials to be publicly disclosed before Congress votes on a spending bill that could affect a potential government shutdown, he acknowledged the urgency for such information.
“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,” Cooper stated. “Voters may seek to influence congressional representatives to take action responsive to USDS at any point along the road. And ‘[t]he dissemination of information’ sought by CREW would contribute ‘to an informed electorate capable of developing knowledgeable opinions and sharing those knowledgeable opinions with their elected leaders.’”
Additionally, Cooper critiqued the Trump administration's handling of the litigation, noting that its lawyers provided scant evidence regarding DOGE’s operations and management.
“Indeed, the Court wonders whether this decision was strategic,” Cooper remarked, pointing out that the administration's attorneys had adopted conflicting positions — asserting that DOGE qualifies as an “agency” under certain laws but not under others — “when it suits it.”
“Thus [DOGE] becomes, on defendants’ view, a Goldilocks entity,” Cooper wrote, “not an agency when it is burdensome but an agency when it is convenient.”
Olivia Brown for TROIB News
