DOGE likely subject to open records law, judge rules

The Department of Government Efficiency (DOGE) is likely covered under the Freedom of Information Act (FOIA), a federal judge ruled late Monday, rejecting the Trump administration’s position that the group does not have to respond to public records requests.

U.S. District Judge Christopher Cooper found DOGE exercises substantial authority independently of the president, which makes it subject to FOIA.

His finding was rooted in media reports detailing the group's rapid efforts to dismantle parts of the federal bureaucracy, as well as some of President Trump's and Elon Musk's statements.

“Canceling any government contract would seem to require substantial authority—and canceling them on this scale certainly does,” wrote Cooper, an appointee of former President Obama.

Cooper declined to grant CREW's additional demand that DOGE and the Office of Management and Budget (OMB) produce responsive records immediately. Instead, the judge instructed production to begin "on a rolling basis as soon as practicable."

“Unfortunately for CREW, it satisfies none of the factors entitling it to preliminary relief ordering production of its OMB requests by today’s date,” Cooper wrote.

The Hill has reached out to the Justice Department for comment.

The case is one of several lawsuits designed to test the Trump administration's argument that DOGE is not subject to FOIA requests. The other cases remain in earlier stages, and Monday’s ruling is the first time a judge has weighed in on the issue.

Other lawsuits remain pending concerning DOGE’s access to confidential systems at federal agencies. Those cases, which largely revolve around a separate federal privacy law, have been met with mixed results.

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