Can the Public See DOGE’s Records? The Supreme Court Takes Up a Key Fight
The nation’s highest court will decide if a watchdog group can obtain information to help establish if DOGE is subject to federal government public records law.
The U.S. Supreme Court has agreed to hear a case that could determine whether the now-defunct Department of Government Efficiency (DOGE), once spearheaded by Tesla CEO Elon Musk, falls under the jurisdiction of the Freedom of Information Act (FOIA). Filed by the nonprofit Citizens for Responsibility and Ethics in Washington (CREW), the lawsuit argues that DOGE, as a federal advisory body, is subject to FOIA, which grants the public the right to request access to records from any federal agency.
The Trump Administration contends that FOIA does not apply to DOGE, as it was not a federal agency but a presidential advisory body. The case will be heard in a phase called discovery, allowing opposing parties to collect information, including records and depositions, to support their arguments. The decision in this case could have significant implications for government transparency and the future of FOIA.
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