TL/DR –
Chief Justice John Roberts put a temporary stay on lower court orders for the White House’s Department of Government Efficiency (DOGE) to provide documents to a watchdog group, pending a Supreme Court review of an emergency relief appeal by the Trump administration. The issue originated from a Freedom of Information Act request by the group Citizens for Responsibility and Ethics in Washington (CREW) seeking to determine if the DOGE, created by Trump in his second term to shrink the size of the federal government, had to comply with federal public records law. While the watchdog group argued that DOGE, which is headed by acting administrator Amy Gleason, has “substantial independent authority” that makes it a de facto agency, the Justice Department disagreed, asserting DOGE is a presidential advisory body.
Chief Justice Puts a Hold on Order for DOGE to Reveal Public Records
Chief Justice John Roberts has halted lower court orders requiring the White House Department of Government Efficiency (DOGE) to provide information to Citizens for Responsibility and Ethics in Washington (CREW), a government watchdog group. This is part of a lawsuit testing whether President Trump’s cost-cutting task force must comply with federal public records law.
Roberts issued a stay of two orders from a federal district court in Washington, D.C., directing DOGE to release records relating to its operations and personnel and mandating its acting administrator, Amy Gleason, give a deposition. The order gives the Supreme Court more time to consider the Trump administration’s request for emergency relief.
The lawsuit stemmed from a Freedom of Information Act (FOIA) request initiated by CREW seeking information about DOGE, its operations, and personnel. As part of the lawsuit, CREW requested information regarding DOGE’s activities since President Trump’s tenure.
CREW is seeking a deposition with Gleason, a list of federal contracts recommended for cancellation by DOGE personnel, and the names and employment details of all DOGE employees. CREW argues that DOGE is subject to FOIA and the Federal Records Act due to its “substantial independent authority”. The Justice Department, however, maintains that DOGE is a presidential advisory body that advises the president and federal agencies on matters important to the Trump administration.
The district court granted most of CREW’s request, including Gleason’s deposition, with Judge Christopher Cooper stating that DOGE likely falls under the scope of FOIA. A federal appeals court in Washington, D.C., found the district court’s discovery order to be appropriate.
President Trump established DOGE during his second term to lead his initiative to downsize the federal government. These actions have resulted in significant layoffs and the closure of several agencies, leading to legal battles.
While repeatedly identified by President Trump as the head of DOGE, billionaire Elon Musk’s role has been questioned and the Justice Department has clarified that Musk does not hold governance authority. This led the White House to appoint Gleason as its acting administrator.
Author Bio
Melissa Quinn is a politics reporter for CBSNews.com, focusing on the Supreme Court and federal courts. She has written for outlets including the Washington Examiner, Daily Signal, and Alexandria Times.
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