Supreme Court to Review Watchdog's Bid for Elon Musk's DOGE Records

The United States Supreme Court has agreed to hear arguments in a watchdog's lawsuit seeking public records concerning the Department of Government Efficiency (DOGE) and its operations under trillionaire Elon Musk. This marks the high court's second intervention in a case brought by Citizens for Responsibility and Ethics (CREW) in Washington, which aims to access DOGE records from the early days of former US President Donald Trump’s second term. The Trump administration had requested the court's review.

Last year, the Supreme Court limited a district court's order that compelled the government to produce DOGE-related records to CREW. In June 2025, the court's conservative majority determined that US District Judge Christopher Cooper had ruled too broadly in ordering the documents' release. CREW contends that DOGE is a federal agency and thus subject to the Freedom of Information Act (FOIA). Conversely, the Trump administration argues that DOGE, as a presidential advisory body, is exempt from FOIA requirements.

Judge Cooper had initially ruled in favor of CREW, ordering expedited processing of the group's records request, a decision later upheld by an appeals court panel. The Trump administration, however, claims the panel disregarded the Supreme Court's directive to consider separation-of-powers issues and encroached upon the "autonomy and confidentiality" of presidential advisers. Lawyers from the US Department of Justice argued that subjecting advisory bodies to intrusive discovery raises the exact concerns Congress intended to prevent by excluding them from FOIA.

Furthermore, the administration asserts that the appeals court improperly authorized plaintiffs to depose DOGE's acting administrator, Amy Gleason, under oath. CREW maintains that the appeals court fully adhered to the Supreme Court's prior order. The group also emphasizes the public's right to understand how DOGE facilitated the administration's extensive overhaul of government operations in 2025.

CREW lawyers stated that public records, including presidential statements, confirm DOGE was exercising significant independent authority across the federal government. In a statement on Tuesday, CREW lawyer Nikhel Sus noted that lower courts have consistently found CREW entitled to records that could clarify whether DOGE possesses the authority making it subject to FOIA. Sus added, "We will continue to pursue transparency for the American people, who deserve to know the details of the Trump Administration’s efforts to unilaterally remake the federal government."

DOGE claimed to have reduced expenditures by tens of billions of dollars, but external financial experts found these claims difficult to verify. A report from the Government Accountability Office indicated that federal auditors discovered inaccuracies in some of DOGE's reported savings from contract, grant, and lease terminations, or that these terminations lacked supporting evidence or were already in progress before DOGE's establishment.