Trump Asks Supreme Court to Shield Musk’s DOGE Files/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The Trump administration has asked the Supreme Court to block court orders requiring the Department of Government Efficiency to release documents. A watchdog group claims DOGE wields unchecked power. A lower court found DOGE likely acts beyond an advisory role.
DOGE Transparency Battle Quick Looks
- Emergency Appeal: DOJ requests SCOTUS halt orders forcing DOGE disclosures
- Watchdog Lawsuit: CREW seeks records from Musk-run Department of Government Efficiency
- FOIA Dispute: Government claims DOGE is exempt as a presidential advisory body
- Court Pushback: Federal judge ruled DOGE exercises substantial governmental authority
- Records in Question: Include canceled contracts, USAID shutdown decisions
- Deadline Looms: Administration must comply with court orders by June 13
- Supreme Court Role: Solicitor General says orders are “overbroad and intrusive”
- Broader Pattern: Part of Trump’s ongoing legal battles to shield executive actions
- Musk’s Influence: Elon Musk’s DOGE at center of federal government restructuring
- Transparency Advocates Alarmed: CREW calls DOGE power “shockingly broad” and opaque
Deep Look: Trump Seeks Supreme Court Shield for DOGE Records
WASHINGTON — May 21, 2025 — The Trump administration on Wednesday made an emergency appeal to the U.S. Supreme Court, asking it to block lower court rulings that would compel the Department of Government Efficiency (DOGE) — a signature element of President Trump’s government overhaul — to release internal documents and subject its acting administrator to sworn testimony.
The case raises a central question: Is DOGE merely an advisory body to the president or a functioning federal agency with sweeping powers over the bureaucracy — and therefore subject to Freedom of Information Act (FOIA) disclosure laws?
Watchdog Lawsuit Targets DOGE Secrecy
The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed suit in February, demanding DOGE hand over records detailing its role in controversial government reforms. The group accuses DOGE, run by tech billionaire Elon Musk, of operating with “shockingly broad power” and no public accountability.
Among the documents sought are communications and decisions related to the dismantling of USAID, elimination of federal contracts, and termination of federal employees.
Court Rulings Challenge DOGE’s ‘Advisory Only’ Defense
In March, U.S. District Judge Christopher Cooper sided with CREW, rejecting the administration’s argument that DOGE was solely an advisory panel.
“Canceling any government contract would seem to require substantial authority — and canceling them on this scale certainly does,” Cooper wrote, pointing to DOGE’s influence over federal employment and contracting decisions.
Cooper concluded DOGE likely has “at least some independent authority,” making it subject to transparency laws like FOIA.
Key Dates and Legal Actions
- The court ordered the release of internal DOGE records by June 13
- It also directed Acting DOGE Administrator Amy Gleason to submit to questioning under oath
- An appeals court initially paused that ruling, but another panel reinstated it
The Justice Department’s emergency filing was signed by Solicitor General D. John Sauer, who told the high court that the order was “extraordinarily overbroad and intrusive”.
“It would severely impair the president’s ability to receive candid advice from his advisers,” the administration argued.
FOIA and the Limits of Executive Power
The administration’s stance rests on a key legal argument: that DOGE, despite its sweeping impact, does not independently wield government power and is therefore not required to follow FOIA transparency requirements.
CREW strongly disagrees, noting DOGE has boasted of cutting tens of billions in federal contracts, disbanding programs, and trimming entire agencies — actions that transcend mere advisement.
“If DOGE can shutter an agency or terminate thousands of federal workers, it must be accountable,” CREW’s lead counsel said in a statement. “This is about the rule of law.”
Political Implications
The case could become a major test for executive transparency in the Trump administration’s second term, especially as watchdogs and journalists struggle to obtain records from rapidly evolving government departments like DOGE.
The outcome may also impact the growing number of emergency appeals Trump’s team has sent to the Supreme Court as lower courts challenge parts of his agenda, including immigration, foreign aid, and agency closures.
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