Judge rules Musk's DOGE must disclose records, citing 'unprecedented' authority

ISTANBUL

A US federal judge ruled that Elon Musk’s Department of Government Efficiency (DOGE) exercises such significant authority that its records will likely be made public under federal law.

US District Judge Christopher Cooper stated that DOGE, officially the US Digital Service (USDS), exercises “unprecedented” authority with “unusual secrecy,” warranting the immediate disclosure of its internal documents under the Freedom of Information Act.

In a 37-page opinion, Cooper wrote: “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.”

The Freedom of Information Act requires the US government to disclose information and documents upon request, with certain exemptions, to promote transparency and allow the public to hold government agencies accountable.

This marks the first major ruling in a legal effort to expose DOGE’s secrecy, challenging Musk’s claims of transparency. It also contradicts the White House’s portrayal of Musk as a low-level adviser, which Cooper said is undermined by mounting evidence in court and the media.

Cooper noted that DOGE’s rapid actions and shifting leadership seem deliberate and ordered “rolling” releases of its records within weeks.

“The rapid pace of (DOGE’s) actions, in turn, requires the quick release of information about its structure and activities,” Cooper wrote, adding: “That is especially so given the secrecy with which DOGE has operated.”

The federal judge cited reports suggesting Musk’s operation led to mass firings, the dismantling of USAID, a deferred resignation program, and outsider access to sensitive databases.

The judge pointed out that Trump’s order creating DOGE, as well as public statements from Trump and Musk, indicated the entity went beyond an advisory role.

The Trump administration placed DOGE within the Executive Office of the President (EOP), seemingly to shield it from the Freedom of Information Act. However, certain EOP divisions with independent authority remain subject to transparency laws. The administration also claimed Musk was a direct adviser to Trump, not a part of DOGE.

Cooper ruled in favor of Citizens for Responsibility and Ethics in Washington, which sued for DOGE records. While he did not mandate their release before Congress votes on a spending bill this week, he acknowledged the urgency.

Cooper also criticized the Trump administration’s litigation, noting its lawyers provided little evidence on DOGE’s operations.

“Indeed, the Court wonders whether this decision was strategic,” he wrote, highlighting their contradictory stance, arguing DOGE is an “agency” under some laws but not others “when it suits it.”

“Thus, (DOGE) becomes, on defendants’ view, a Goldilocks entity,” Cooper added, “not an agency when it is burdensome but an agency when it is convenient.”