Supreme Court to Review DOGE Records Discovery Fight

The Supreme Court agreed on October 13 to review the Trump administration’s challenge to court-ordered discovery in a lawsuit over records concerning the Department of Government Efficiency, leaving unresolved whether DOGE is subject to the Freedom of Information Act. The case, U.S. DOGE Service v. U.S. District Court for the District of Columbia, stems from a records request by Citizens for Responsibility and Ethics in Washington, known as CREW. The group seeks information about DOGE’s organization and authority to help determine whether it qualifies as an agency covered by the law. The court’s decision to hear the appeal does not decide DOGE’s FOIA status or require it to release records. The administration argues that DOGE was a presidential advisory body exempt from FOIA and that discovery into its operations could intrude on executive-branch confidentiality and separation of powers. It also contends that the appeals court failed to follow the Supreme Court’s earlier instructions for narrowing discovery. CREW says DOGE exercised substantial independent governmental authority and that its remaining requests are needed to assess whether FOIA applies.