A federal judge has ruled that Elon Musk’s Department of Government Efficiency (DOGE) holds such extensive power that its records must be made public under federal transparency laws.
U.S. District Judge Christopher Cooper stated that DOGE, formally known as the U.S. Digital Service (USDS), exercises “unprecedented authority” across the federal government, making its secrecy a matter of public concern. The ruling mandates the gradual release of DOGE’s internal records under the Freedom of Information Act (FOIA).
DOGE’s Unchecked Power Raises Legal Questions
In his 37-page opinion, Cooper emphasized that DOGE has significantly impacted government operations, allegedly orchestrating mass layoffs, dismantling the U.S. Agency for International Development (USAID), and implementing a deferred resignation program for federal employees.
“The authority exercised by USDS and the dramatic cuts it has made—without congressional approval—appear to be unprecedented,” Cooper wrote.
Although the Trump administration positioned DOGE within the Executive Office of the President (EOP)—which is typically exempt from FOIA—the judge ruled that its actions go beyond advisory duties. Instead, DOGE appears to function as an independent agency, making it subject to transparency laws.
White House and Musk’s Role Under Scrutiny
The White House has repeatedly insisted that Musk is only an adviser, with limited influence over policy decisions. However, Judge Cooper’s ruling challenges this narrative, citing multiple reports suggesting Musk’s direct involvement in federal workforce reductions and sensitive government data access.
The ruling is a major victory for Citizens for Responsibility and Ethics in Washington (CREW), the watchdog group that sued for DOGE’s records. While the judge stopped short of forcing immediate disclosure before Congress votes on a spending bill this week, he acknowledged the urgent public interest in DOGE’s activities.
“Congress and the electorate need this information now, as it could influence decisions on government oversight and funding,” Cooper wrote.
Trump Administration’s Legal Strategy Criticized
Judge Cooper also criticized the Trump administration’s legal arguments, noting its inconsistent stance on whether DOGE qualifies as a government agency.
“Defendants argue DOGE is an agency when convenient but deny it when transparency is required,” Cooper stated.
With this ruling, the first wave of DOGE documents is expected to be released within weeks, potentially exposing Musk’s deeper role in federal restructuring efforts. The decision could also fuel congressional scrutiny and spark bipartisan debates over the extent of executive power.
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