Citing the agency's "unusual secrecy" and "substantial authority over vast swathes of the federal government," a federal judge ruled Monday that Elon Musk's Department of Government Efficiency (DOGE) is likely subject to the Freedom of Information Act (FOIA) and must respond to public records requests from a watchdog group.
U.S. District Judge Christopher Cooper issued an opinion and preliminary injunction finding that Citizens for Responsibility and Ethics in Washington (CREW), a traditionally left-leaning government watchdog group, was likely to prevail on its claims that DOGE was covered by FOIA and is entitled to expedited processing of three requests for records from the agency, formerly the U.S. Digital Service (USDS).
Although Musk, a close adviser to President Donald Trump, has repeatedly said in social media posts and statements to press that DOGE is "maximally transparent," the White House moved the cost-cutting agency from the Office of Management and Budget and placed it under the umbrella of the Executive Office of the President, which is largely exempt from FOIA requests.