Supreme Court to Review Discovery in DOGE Records Case

The Supreme Court agreed on October 13 to review the Trump administration’s challenge to discovery in a watchdog group’s lawsuit seeking records about the Department of Government Efficiency, leaving unresolved whether DOGE is subject to federal disclosure law. The case, U.S. DOGE Service v. U.S. District Court for the District of Columbia, concerns a Freedom of Information Act request by Citizens for Responsibility and Ethics in Washington, known as CREW. The group wants information about DOGE’s structure and authority to determine whether it qualifies as an agency covered by the law. The justices’ decision to hear the administration’s appeal does not decide that question or require DOGE to release records. The administration argues that DOGE was a presidential advisory body exempt from FOIA and that court-ordered discovery intrudes on the confidentiality of executive branch advisers. CREW argues that DOGE exercised independent governmental authority and that the remaining inquiry is necessary to establish whether the law applies. A federal judge in 2025 authorized discovery as part of the effort to determine DOGE’s status.