Federal Judge Orders Transparency from Trump-Musk Government Downsizing Team

On Monday, U.S. District Judge Christopher Cooper instructed the Trump administration to release records related to the Department of Government Efficiency (DOGE). This agency, initiated by former President Donald Trump and headed by entrepreneur Elon Musk, has drawn scrutiny for operating with significant secrecy. According to Cooper, DOGE likely qualifies as an agency mandated to comply with the Freedom of Information Act (FOIA).

This ruling represents a significant step forward for transparency, particularly for organizations such as Citizens for Responsibility and Ethics (CREW), a government watchdog that initiated the lawsuit. CREW aims to shed light on DOGE's involvement in widespread federal workforce layoffs and the dismantling of various government departments.

Though the Trump administration previously contended that DOGE was exempt from the FOIA obligations because it functions under the Executive Office of the President, Judge Cooper disagreed, noting its unique level of "substantial independent authority." He emphasized DOGE's power to considerably modify or even eliminate entire federal programs, a point DOGE officials did not dispute during the proceedings.

Cooper also raised concerns about the agency’s unusual level of secrecy, highlighting reports of DOGE employees using external servers, failing to identify themselves clearly, and relying on encrypted platforms like Signal for internal communication. He stressed the importance of transparency given DOGE's expansive control and unprecedented role.

Responding to the ruling, Donald Sherman, executive director of CREW, praised the judge's decision, affirming the public's right to know governmental activities. Nevertheless, a White House official asserted that Judge Cooper misunderstood DOGE's functionality, expecting him to revise his judgment upon clarifying his interpretation of the agency’s structure. No additional comments were offered by the White House spokesperson.

Initially, CREW filed the FOIA requests on February 20, demanding internal DOGE emails, memos, and other records crucial to the ongoing congressional debate over government funding. While Judge Cooper declined to order immediate disclosure by Monday, he instructed accelerated document production, given DOGE’s significant influence.

The judge set deadlines for the Trump administration to provide a detailed status report on the scope of documents available and asked both parties to submit a schedule outlining their plan for gradually releasing these materials. Additionally, in an attempt to guarantee record integrity, Cooper reinforced instructions to preserve relevant documents, signaling concern that DOGE officials may not fully recognize their obligations regarding federal record-keeping.