On Friday, Secretary John Roberts put a temporary hold on discovery in a lawsuit aiming to access documents related to the Department of Government Efficiency (DOGE).
In a brief order, Roberts approved the government’s request for a stay. This situation may classify DOGE as an agency, subjecting it to Freedom of Information Act (FOIA) regulations.
This request landed on Roberts’ desk, as he deals with emergency appeals from the capital. The hold will remain until the court decides on the validity of two lower court rulings. Roberts has the option to either make a decision or refer the matter for further consideration.
In the emergency application, Attorney General D. John Sauer insisted that DOGE isn’t an agency but rather a “presidential advisory body” within the executive branch. He pointed out that US District Judge Christopher Cooper, appointed by former President Obama, had ordered him to undergo “sweep, intrusive” disclosures to determine DOGE’s eligibility for FOIA compliance.
Cooper’s ruling permits inquiries into all “recommendations” made to DOGE staff and other internal documents, alongside requiring the deposition of acting DOGE administrator Amy Gleason.
“The order touches on FOIA and essentially leans toward a victory for FOIA litigation by clarifying its relevance,” Sauer commented.
The government has taken its appeal to the Supreme Court after the US Court of Appeals in the District of Columbia Circuit previously ruled on the discovery process.
This discovery request originates from a lawsuit filed by a citizen against the Washington-based crew, part of several legal actions that aim to establish if DOGE should respond to FOIA requests.
In reaction to the government’s motions, crew attorney Nikel Suss briefly noted to the court that Sauer’s emergency application indicated a desire for clarity on DOGE’s agency status.
“There’s a more specific question at hand. We can verify DOGE’s agency status if the Court of Appeals has been clear and unambiguous in its stance against obstructing the district court’s order,” Suss wrote.
For months, billionaire tech figure Elon Musk was linked to DOGE, having been appointed a special civil servant when President Trump took office; however, he has recently indicated plans to step back.
A multitude of lawsuits have emerged, challenging DOGE’s access to its internal records and systems.
