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Supreme Court will hear the Trump administration’s argument that DOGE is exempt from the public-records law

The justices will consider whether DOGE is a federal agency subject to FOIA or a presidential advisory body exempt from disclosure rules

Supreme Court will hear the Trump administration’s argument that DOGE is exempt from the public-records law

The Supreme Court has decided to hear arguments from the Trump administration regarding a lawsuit seeking public records from Elon Musk's Department of Government Efficiency (DOGE). This is the second time the high court has intervened in the case, which was initially dismissed by a district court last year. The court's conservative majority ruled that U.S. District Judge Christopher Cooper had been too broad in ordering the production of DOGE-related records to the watchdog group Citizens for Responsibility and Ethics in Washington (CREW).

The administration claims that DOGE is not a federal agency and should therefore be exempt from the Freedom of Information Act (FOIA). CREW argues that DOGE is indeed a federal agency and therefore falls under FOIA's purview. The Trump administration also claims that an appeals court panel ignored the Supreme Court's orders and improperly allowed the plaintiffs to conduct a sworn deposition of DOGE's acting administrator, Amy Gleason.

CREW maintains that the appeals court followed the Supreme Court's previous directive. CREW asserts that the public has a right to know how DOGE contributed to the administration's overhaul of government operations in 2025.

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