WASHINGTON (AP) — The Supreme Court sided with the Trump administration, agreeing Tuesday to hear arguments in a regulators lawsuit seeking public records from billionaire Elon Musk’s Government Efficiency Department.
The high court is getting involved for the second time in a case brought by Citizens for Responsibility and Ethics in Washington, which seeks to obtain records of DOGE’s operations early in President Donald Trump’s second term.
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Last year, the high court vacated a district court order requiring the government to provide DOGE-related records to CREW. The high court’s conservative majority concluded in June 2025 that U.S. District Judge Christopher Cooper’s ruling was too broad when he ordered the documents to be turned over to the group.
CREW claims that DOGE is a federal agency and therefore subject to the Freedom of Information Act.
The Trump administration argued that DOGE, as an advisory body to the president, is not subject to FOIA requirements.
Cooper ruled in CREW’s favor and ordered that the group’s records request be processed expedited. An appeals court panel also sided with CREW.
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The government claimed the panel ignored the Supreme Court’s directive to consider separation of powers issues and violated the “autonomy and confidentiality” of presidential advisers.
“Exposing the advisory agency to intrusive discovery raises the very concerns that Congress sought to avoid by excluding the President’s advisory agency from the scope of the FOIA,” Justice Department lawyers wrote.
The government also said the appeals court authorized the plaintiffs to accept sworn testimony from DOGE acting administrator Amy Gleason without permission.
CREW said the appeals court fully complied with the Supreme Court’s previous order. The organization also claims that the public has a right to know how DOGE can help the government overhaul government operations by 2025.
“The undisputed facts in the public record – including the President’s statements – confirm that (DOGE) has substantial independent power throughout the federal government,” its attorneys wrote.
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