Trump Administration Seeks Supreme Court Shield for DOGE

The Trump administration has asked the U.S. Supreme Court to intervene in a legal battle over whether the Department of Government Efficiency (DOGE) must comply with public records requests under the Freedom of Information Act (FOIA), like other federal agencies.

The administration contends that DOGE, as a "presidential advisory body" located within the White House, is exempt from FOIA's transparency requirements, despite a lower court ruling that the department is likely bound by the act.

Why It Matters

The appeal comes amid other legal challenges to DOGE's work, including efforts to downsize the federal workforce, and ongoing questions over the department's legal standing. Its leader, Elon Musk, had said he would step back from his role in the summer.

What To Know

In a 38-page emergency appeal, U.S. Solicitor General D. John Sauer argued that forcing DOGE to comply with FOIA and submit to discovery would breach the separation of powers and undermine the administration's ability to receive candid internal advice.

The case continues the debate over transparency when it comes to DOGE, which has led efforts to cut thousands of federal jobs, slash programs, and cut costs.

Sauer made his request following a lower court's decision to allow a government watchdog to depose DOGE staffers to gain greater understanding of the department's workings, arguing it should be subjected to the same rules which apply to any federal agency.

That ruling in March said that the Freedom of Information Act (FOIA) likely should apply to DOGE, but more scrutiny was required, after the Citizens for Responsibility and Ethics in Washington (CREW) filed its initial lawsuit.

The administration wants the justices to freeze orders that would force DOGE to turn over documents to Citizens for Responsibility and Ethics in Washington and have acting DOGE administrator Amy Gleason answer questions under oath within the next three weeks. CREW sued in February, claiming that DOGE "wields shockingly broad power" with no transparency about its actions.

The Trump administration's appeal to the Supreme Court comes after mixed results for the White House from the country's highest court. Justices have shown favor in some areas but have also upheld lower court decisions on areas including immigration in recent weeks.

What People Are Saying

CREW told Newsweek in a statement Wednesday: "While DOGE continues to attempt to fight transparency at every level of justice, we look forward to making our case that the Supreme Court should join the District Court and Court of Appeals in allowing discovery to go forward."

Sauer, in his appeal to the Supreme Court: "Nullifying FOIA's solicitude for presidential advisors and ordering roving discovery into their recommendations and advice represents an untenable affront to the separation of powers."

What's Next

It is now up to the Supreme Court to decide whether it will hear the appeal or not. Justices are already contemplating a case involving DOGE access to Social Security Administration records.

Update: 5/21/25, 11:47 a.m. ET: This article has been updated with additional information and remarks.