Federal judge orders Doge to release internal records for transparency
"Musk said social media posts were sufficient documentation for agency that is changing face of government
A federal judge has ruled that Elon Musk’s “department of government efficiency” (Doge) must comply with transparency laws and release its internal documents, finding the secretive operation exercises “substantial independent authority” that cannot be shielded from public scrutiny.
In a 37-page opinion issued on Monday, US district judge Christopher Cooper ordered Doge – which took over what used to be the White House’s US Digital Service (USDS) – to begin a “rolling” production of records within weeks, rejecting the Trump administration’s attempts to position it beyond the reach of the Freedom of Information Act.
“The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented,” Cooper wrote in his decision on a lawsuit brought by Citizens for Responsibility and Ethics in Washington (Crew).
The ruling undercuts both Musk’s claims about the operation’s transparency and the White House’s characterisation of the billionaire as merely a presidential adviser with limited decision-making power. Cooper cited evidence that Doge has terminated government employees, dismantled the US Agency for International Development (USAid) and granted outsiders access to sensitive government databases.
Musk is himself a “special government employee” – meaning that he was not vetted or appointed for a position which the White House has said requires no financial public disclosure. While Musk defends the Doge operation by saying it posts its receipts on social media, the Trump ally has gone to great lengths to conceal his employees, calling for a Wall Street Journal reporter who linked a Doge staffer to anonymous racist remarks to be fired, and banning an X user who posted the contact information for dozens of others.
The judge’s decision could still face appeal but stands as a significant setback to the administration’s efforts to limit public visibility into how decisions affecting federal agencies and employees are being made.
The court criticised the administration’s legal approach, noting government lawyers provided virtually no evidence and took inconsistent positions on Doge’s status. “[It] becomes, on defendants’ view, a Goldilocks entity – not an agency when it is burdensome but an agency when it is convenient,” Cooper wrote.
The decision comes as Musk has signalled that federal benefit programmes, including social security, could soon be the next targets in his efficiency crusade. In a Fox Business Network interview on Monday, Musk claimed between $500bn and $700bn in waste needed to be eliminated, focusing on entitlements.
“Most of the federal spending is entitlements. That’s the big one to eliminate,” Musk said, making claims that far exceed official figures. The Social Security Administration’s inspector general previously reported $71.8bn in improper payments from 2015 to 2022 – less than 1% of benefits paid during that period.
Although the judge stopped short of ordering an immediate document release before Congress considers an upcoming spending bill to avert a government shutdown, he said that lawmakers and voters need timely access to information about Doge’s activities.
“The information will only be useful to the electorate so long as [Doge] remains a topic of current national importance,” Cooper wrote. “Information released years down the road would come too late.”
The government was ordered to file a status report by 20 March based off the document requests from Crew."
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