The Trump administration is urgently seeking Supreme Court intervention to prevent the disclosure of the inner workings of the secretive DOGE cost-cutting effort to the public.
In an emergency appeal filed by the Justice Department, they are urging the high court to halt a judge’s orders granting access to documents detailing firings, grant terminations, and other actions proposed by the Department of Government Efficiency overseen by Elon Musk.
Legal Battle Over DOGE Records
Solicitor General John Sauer is also requesting the Supreme Court to block a deposition of DOGE administrator Amy Gleason, identified as the leader of the budget-cutting drive.
This appeal is part of several expedited requests brought by the administration to the Supreme Court, seeking quick intervention to block lower court rulings on various issues, including DOGE-related matters.
Citizens for Responsibility and Ethics in Washington is suing under the Freedom of Information Act to obtain records about DOGE’s operations.
Transparency vs. Confidentiality
The Trump administration argues that DOGE is exempt from FOIA as it only provides advice and lacks independent decision-making authority. However, recent court rulings suggest that DOGE has a substantive operational role, making its activities subject to FOIA.
U.S. District Judge Christopher Cooper ordered DOGE and the Office of Management and Budget to release records responsive to FOIA requests and allowed CREW to conduct fact-finding under discovery.
Challenges to Secrecy
Cooper has not ruled on exemptions DOGE or OMB may claim to withhold information. The administration contends that lifting Cooper’s orders violates the separation of powers and jeopardizes presidential advice confidentiality.
DOGE’s operations have faced legal challenges questioning its transparency and authority, especially in its rapid workforce restructuring efforts.
Legal Proceedings and Delays
A three-judge panel paused Cooper’s orders, but another panel ruled in favor of proceeding. The Trump administration’s appeal aims to delay disclosures and add the case to the Supreme Court’s docket, potentially prolonging the legal battle.
CREW intends to push for transparency and continue probing DOGE’s activities despite the administration’s efforts to maintain confidentiality.
