Transparency Advocates Win Court Ruling on DOGE Agency Documents

A recent court decision has emerged as a significant win for advocates of transparency within the U.S. government, specifically regarding the Department of Government Efficiency (DOGE) and its operations during the Trump administration.

Judge’s Ruling Challenges FOIA Exemptions

The ruling, issued by Judge Cooper, counters previous arguments made by the Trump administration, which maintained that DOGE, being part of the executive branch, was exempt from the Freedom of Information Act (FOIA) requests. Judge Cooper asserted that DOGE possesses substantial independent authority that surpasses typical presidential office components, which are usually granted exemptions.

“DOGE appears to have the power not just to evaluate federal programs, but to drastically reshape and even eliminate them wholesale,” Cooper noted in his decision, emphasizing that the agency did not contest this assertion.

Concerns Over Secrecy and Record Maintenance

The judge’s ruling also referenced troubling reports about DOGE’s secretive practices, including the use of an external server, instances where employees did not disclose their identities to career officials, and communication through the encrypted app Signal—known for its auto-delete feature.

CREW’s Legal Action and Importance of Document Access

This legal action stemmed from Citizens for Responsibility and Ethics in Washington (CREW), which filed a lawsuit on February 20 after experiencing delays in their FOIA requests for internal emails, memos, and other documents related to DOGE’s operations. CREW emphasized the critical need for these records as Congress approached a funding deadline, aiming to avert a potential partial government shutdown.

Timeline for Document Release Set

Although Judge Cooper did not mandate immediate document release, he required the agency to expedite its timetable for compliance, acknowledging the unprecedented level of authority held by DOGE.

Donald Sherman, the executive director and chief counsel of CREW, commented on the ruling, stating, “Now more than ever, Americans deserve transparency in their government. Despite efforts and claims to the contrary, the government cannot hide the actions of the US DOGE Service. We look forward to the expedited processing of our requests and making all the DOGE documents public.”

Response from the White House

In response to the court’s decision, a White House official expressed skepticism, suggesting that the judge may have misunderstood how DOGE operates. They anticipated that the ruling may be reversed once Cooper received clarification on DOGE’s structure.

Next Steps in the Legal Process

Judge Cooper directed the Trump administration to file a status report by March 20 detailing the volume of documents under consideration. Furthermore, both parties are expected to propose a release schedule by March 27. A preservation order was also issued, highlighting concerns that DOGE officials might not fully grasp their obligation to retain federal records.