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The Supreme Court agreed to hear arguments in a lawsuit by CREW seeking public records from Elon Musk's Department of Government Efficiency, siding with the Trump administration's request for review.
The Supreme Court has agreed to hear arguments in a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW) seeking public records from the Department of Government Efficiency (DOGE). The decision, made on Tuesday, marks the second time the high court has intervened in the case, which centers on whether DOGE is subject to the Freedom of Information Act (FOIA).
CREW claims that DOGE operates as a federal agency and must therefore disclose records under FOIA. The Trump administration argues that DOGE is exempt from these requirements because it functions as a presidential advisory body.
The conflict arose after U.S. District Judge Christopher Cooper ruled in CREW’s favor, ordering the government to expedite the processing of the group’s records request. An appeals court panel also sided with CREW. However, the administration challenged this ruling, stating that the panel ignored the Supreme Court’s previous direction to consider separation-of-powers concerns and intruded on the "autonomy and confidentiality" of presidential advisers.
In June 2025, the Supreme Court’s conservative majority reined in a district court’s order for the government to produce DOGE-related records to CREW. The justices concluded that Judge Cooper had ruled too broadly in ordering documents to be turned over to the group.
The administration’s latest submission to the Supreme Court asserts that the appeals court impermissibly authorized the plaintiffs to take a sworn deposition of DOGE acting administrator Amy Gleason. Justice Department attorneys wrote, "Subjecting advisory bodies to intrusive discovery triggers the very concerns that Congress sought to avoid by excluding presidential advisory bodies from FOIA’s reach."
CREW maintains that the appeals court fully complied with the Supreme Court’s previous order. The watchdog group asserts that the public has a right to know how DOGE helped the administration carry out a sweeping overhaul of government operations in 2025.
"Undisputed facts in the public record — including the President’s statements — confirmed that (DOGE) was wielding enormous independent authority across the federal government," CREW’s attorneys wrote.
The Supreme Court’s decision to hear the case sets the stage for a renewed examination of the legal boundaries surrounding DOGE's operations. The outcome will determine whether the specific entity qualifies for an exemption as a presidential advisory body or must comply with federal transparency laws, impacting public access to records from the early days of President Donald Trump’s second term.
Sources
This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.
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The Supreme Court agreed to review whether the Department of Government Efficiency is subject to the Freedom of Information Act. The case centers on a lower court's order for discovery against the advisory body.
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