The Battle for Transparency Surrounding DOGE
In a significant win for transparency advocates, a decision was made regarding the role of DOGE in federal workforce reductions and government agency dismantling under the Trump administration. President Donald Trump argued that DOGE, being part of the executive branch, is exempt from FOIA requirements.
However, Judge Cooper disagreed, stating that DOGE possesses “substantial independent authority” beyond that of other presidential office components typically exempt from FOIA. Cooper highlighted that DOGE has the power to not only evaluate federal programs but also reshape and eliminate them entirely.
Reports of DOGE’s secretive practices, including the use of an external server, unidentified employees, and reliance on the encrypted app Signal for communications, further emphasized the need for transparency.
CREW initiated a lawsuit seeking internal documents related to DOGE’s operations, arguing that access to these records was crucial as Congress deliberated government funding legislation. While immediate document release was not mandated, an expedited timeline was set due to DOGE’s unprecedented level of authority.
Donald Sherman, CREW’s executive director, emphasized the importance of government transparency in light of the ruling. The White House, however, expressed disagreement with the decision, citing a misunderstanding of DOGE’s structure.
Judge Cooper instructed the Trump administration to provide a status report by March 20 on the document volume and proposed a release schedule by March 27. A preservation order was also issued to ensure the maintenance of federal records by DOGE officials.