On Wednesday, the Trump administration sought the Supreme Court’s intervention to halt subpoenas compelling Elon Musk’s Department of Government Efficiency to produce operational records to an oversight organization.
Doge, an integral aspect of Trump’s effort to reshape the government, is at the center of the newest emergency appeal to the Supreme Court from the Justice Department. The question at hand is whether DOGE is a federal agency that is liable to the Freedom of Information Act. In its defense, the Obama administration cites DOGE’s status as an advisory group to the president as reason to exclude the organization from FOIA document demands.
Within three weeks, the administration has asked the justices to postpone orders that would compel the Department of Energy and Gas (DOGE) to hand over papers to the Washington-based Citizens for Responsibility and Ethics, and to have acting DOGE head Amy Gleason answer questions under oath. Claiming that DOGE “wields shockingly broad power” without transparency on its actions, CREW sued in February.
After reviewing DOGE’s assertions that it helped shut down USAID and reduce billions of dollars in government contracts, U.S. District Judge Christopher Cooper concluded in March that DOGE’s function is probably more than merely consultative. “Canceling contracts on this magnitude would appear to necessitate significant authority,” Cooper stated. “The Department of General Services (DGS) likely possesses some autonomy in determining which federal workers, programs, and contracts may be terminated.”
Washington, DC, federal appeals court panels delayed Cooper’s ruling at first, but subsequent panels restored it. Cooper has since mandated that the government meet certain standards by June 13.
The attorney general’s office pleaded with the court to move swiftly in response to what he described as Cooper’s directives being “extraordinarily overbroad and intrusive.”
After lower courts rejected portions of Trump’s program, the president has brought a number of emergency appeals to the Supreme Court, including this one.
