Trump Administration Asks Supreme Court To Stop DOGE Record Release

Key Facts

What To Watch For

If the Supreme Court does not stay the lower court’s ruling, records must be produced in June.

Chief Critic

“While DOGE continues to attempt to fight transparency at every level of justice, we look forward to making our case that the Supreme Court should join the District Court and Court of Appeals in allowing discovery to go forward,” Jordan Libowitz, vice president of communications for the Citizens for Responsibility and Ethics in Washington, told Forbes in an emailed statement.

Why Did Citizens For Responsibility And Ethics In Washington Sue Doge?

The lawsuit alleged that DOGE—along with Elon Musk and others involved in the effort—withheld records requested through the Freedom of Information Act by the watchdog group Citizens for Responsibility and Ethics in Washington, or CREW. The suit said DOGE “vowed to operate with ‘maximum transparency,’” but was doing “the opposite” and had “worked in the shadows … controlling major government functions with no oversight.” CREW said it filed two freedom of information requests, one of which asked for “records related to changes to the operations of the U.S. Digital Service, organizational charts, financial disclosures, and other information relevant to the newly-formed USDS.” The Office of Management and Budget granted expedited treatment, but did not provide documents. On March 10, a judge ruled that it’s likely DOGE is actually covered by the Freedom of Information Act and “the public would be irreparably harmed by an indefinite delay in unearthing the records CREW” sought.

Key Background

President Donald Trump formed DOGE by executive order on his first day in office in January. The executive order renamed the United States Digital Service—which worked to improve the public’s interactions with the government’s digital offerings—and the new agency was similarly tasked with “modernizing Federal technology and software to maximize governmental efficiency and productivity.” Musk, one of Trump’s key advisers who donated hundreds of millions during his presidential campaign, oversaw the agency, and said he hoped to use it to cut $1 trillion in government slashing. Under Musk’s guidance, DOGE began slashing federal spending and the federal workforce, and has drawn near constant criticism and legal challenges. As of early May, DOGE actions had resulted in more than 283,000 layoffs nationwide—totalling about 48% of all layoffs reported since January, according to a report from career services firm Challenger, Gray & Christmas.

Big Number

$170 billion. That’s how much DOGE estimates it has saved the U.S. government as of May 11, its last update. The savings come from asset sales, contract cancellations, fraud detection, workforce reductions and more, according to DOGE’s website.

Further Reading

Judge orders urgent release of DOGE records, citing ‘unprecedented’ power and ‘unusual secrecy’ (Politico)

Here’s What We Know About Amy Gleason, DOGE Acting Administrator (Forbes)

Here Are All The Republicans Criticizing Trump And Musk’s DOGE (Forbes)

DOGE And Elon Musk’s USAID Shutdown Likely Unconstitutional, Judge Rules (Forbes)