"District Judge Christopher Cooper recently found that the Department of Government Efficiency is “likely covered” by the Freedom of Information Act, and, because it has “substantial authority independent of the President,” cannot hide its records in the Presidential Records Act’s giant loopholes.
This is good news, but it’s not a guarantee DOGE’s records will soon see the light of day.
The government tried to argue it would take three years to respond to the FOIA request, even if they fast-tracked their response. Amazingly, this stall tactic won’t be the biggest obstacle to seeing DOGE’s records.
In response to a FOIA lawsuit brought by the nonprofit group Citizens for Responsibility and Ethics in Washington, Cooper noted that “DOGE’s activities are rapidly reshaping the federal government and the public needs to understand what it’s doing.”
Arguing “that the public would be irreparably harmed by an indefinite delay in unearthing the records CREW seeks,” Cooper ruled that the government must provide an estimate of the number of documents responsive to CREW’s FOIA request by March 20, and that both CREW and DOGE must agree to a schedule for the records’ release by March 27."
Lauren Harper reports for the Freedom of the Press Foundation March 17, 2025.