Chief Justice Roberts temporarily halts discovery in DOGE case
Chief Justice John Roberts temporarily halted discovery Friday in a lawsuit seeking access to documents and information about the Department of Government Efficiency's (DOGE) operations.
In a brief order, Roberts granted the government's request for an administrative stay, which temporarily lifts a judge's order allowing limited discovery into whether DOGE is an 'agency.' If it is found to be an agency, that would make DOGE subject to Freedom of Information Act (FOIA) requests.
The request went to Roberts by default; he handles emergency appeals arising from the nation's capital. The pause will last until the court decides whether to wipe two lower court rulings letting discovery move forward, which Roberts could himself decide or refer to the full court.
Solicitor General D. John Sauer had argued in the government's emergency application that DOGE is not an agency. Instead, it's a 'presidential advisory body' housed within the Executive Office of the President, he said.
He suggested that U.S. District Judge Christopher Cooper, an appointee of former President Obama, ordered DOGE to submit to 'sweeping, intrusive' discovery just to determine if it is, in fact, subject to FOIA, which lets the public request information from the government.
Cooper's order allowed discovery about DOGE employees and all 'recommendations' it has made to various agencies, in addition to other internal documents. He also ordered a deposition of acting DOGE Administrator Amy Gleason.
'That order turns FOIA on its head, effectively giving respondent a win on the merits of its FOIA suit under the guise of figuring out whether FOIA even applies,' Sauer said.
The government appealed to the Supreme Court after the U.S. Court of Appeals for the District of Columbia Circuit ruled last week that the discovery process could proceed.
The discovery request comes in a lawsuit brought by Citizens for Responsibility and Ethics in Washington (CREW), which claims the public has a right to know about DOGE's 'secretive operations.' It's one of several lawsuits designed to test whether DOGE must respond to FOIA requests.
In response to the government's request, CREW lawyer Nikhel Sus wrote in a brief to the court that Sauer's emergency application made clear the administration is seeking from the justices a ruling on the merits as to whether DOGE is an agency.
'At issue here is a far narrower antecedent question: whether the court of appeals clearly and indisputably erred in refusing to disturb a district court order allowing limited discovery to ascertain DOGE's agency status,' Sus wrote.
The face of DOGE for months was billionaire tech mogul Elon Musk, who was appointed as a special government employee when President Trump took office. However, he has since signaled he plans to step back.
Dozens of other lawsuits have been filed challenging DOGE's access to agencies' internal records and systems.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Politico
21 minutes ago
- Politico
Don't rain on my parade
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The Hill
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DOGE cuts face battle in House
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Gizmodo
30 minutes ago
- Gizmodo
Elon Musk's Moment of Regret
On March 15, 2021, a rather unusual detail emerged in a Tesla filing with the SEC: Elon Musk's official title was listed as 'Technoking of Tesla.' The billionaire later clarified this whimsical change as a humorous jab at corporate formalities. Yet, beyond the jest, it perfectly encapsulated his audacious approach: deeply unconventional, unconcerned with tradition, and utterly dismissive of decorum. His self-assigned mission has always been to farcically upend established norms and forcefully impose his unique vision on the world. This distinctive style manifests as an unapologetic infusion of private-sphere behaviors into the corporate realm. Musk, for instance, has never shied away from engaging in heated arguments on social media, often employing colorful language and pointed insults that would undoubtedly lead to a CEO's swift dismissal or at least a stern warning from their board. He routinely uses X (formerly Twitter), the 'public town square' he acquired in late 2022, to settle scores. 'Gates is a huge liar,' he famously declared on May 8, referring to philanthropist and Microsoft co-founder Bill Gates. Gates's perceived transgression? Daring to criticize the Department of Government Efficiency (DOGE), a brainchild of the Trump administration. Trump had tasked Musk with streamlining the federal government by slashing spending and reducing costs, and DOGE, the agency specifically created for Musk's oversight, quickly alienated nearly every other government member, becoming a lightning rod for public dissatisfaction with the administration. Musk had previously posted an insulting meme targeting Gates, whose 'great sin,' in Musk's eyes, was allegedly shorting Tesla stock years prior, effectively betting on its decline. Throughout these episodes, Tesla's board of directors, largely composed of loyalists and close associates, remained conspicuously silent. Millions of fans on X, however, cheered him on, further solidifying his image as a 'king' adored by his subjects. He largely ignored the few dissenting voices. As his financial power swelled, Musk's sense of invincibility grew. Donald Trump's return to the White House, a victory to which Musk contributed over $290 million according to filings with the Federal Election Commission, ultimately granted him the political influence he had previously lacked. He found himself wielding a rare trifecta of power: immense wealth, political sway, and control over crucial social media platforms (X and xAI). However, on June 5, the tech mogul discovered that even his immense power had its limits. He escalated his criticism of the 'One Big Beautiful Bill Act,' Trump's signature budget bill, which includes cuts to Medicaid and Medicare, increased national debt, and the elimination of subsidies for green cars. This time, he directly and personally attacked Trump, bemoaning the former president's 'ingratitude,' claiming Trump wouldn't have won without his support. He went so far as to express support for Trump's impeachment, controversially linking it to the Epstein Files, a fixation within far-right and MAGA circles. A prevalent conspiracy theory among these groups suggests that Jeffrey Epstein, the sex offender who died by hanging in prison in 2019 while facing charges of sexually abusing underage girls, was allegedly murdered to prevent him from revealing a list of powerful clients, many of whom are believed to be prominent liberals. The fact that Epstein died during Trump's presidency is conveniently disregarded by proponents of this theory. This public showdown between the world's richest man and arguably the most powerful man in the world sent shockwaves through right-wing circles, where the alliance between the two had previously been lauded. Unlike his past skirmishes, Musk did not receive the expected and hoped-for support from his legion of followers. Instead, he faced significant criticism, even from Joe Rogan, a long-time friend who had publicly asserted for months that America owed Musk a great deal. This time, however, Rogan believed Musk had overstepped. 'I understand, he owns Twitter,' Rogan commented on Musk during a June 5 episode of The Joe Rogan Experience, his popular podcast. 'I think it's bad for your mental health. Posting things publicly all day and arguing with people constantly is bad for you.' For many, Rogan's sentiment was simply playing the world's smallest violin for a man whose self-inflicted wounds were becoming increasingly apparent. It is within this unprecedented context that Musk did something entirely uncharacteristic: he issued a mea culpa. In a short, ironic post, he engaged in self-criticism, signaling a surprising moment of personal introspection. 'It's outrageous how much character assassination has been directed at me, especially by me,' he posted on the night of June 8. The post quickly garnered over 44 million views as of the time of writing. Musk's statement seems to suggest that he is the primary architect of the criticism he faces, acknowledging that he is, in essence, his own worst enemy. This reveals a rarely seen, vulnerable side of the billionaire, starkly contrasting with the public image of an untouchable figure who believes he can do no wrong. But is this genuine self-criticism, or a strategic move born out of necessity after burning bridges? Indeed, on June 7, Trump informed NBC that he had no desire to mend his relationship with Musk and threatened the billionaire with 'serious consequences' should he fund Democratic candidates against Republicans who voted for the 'One Big Beautiful Bill' in the upcoming midterms. California Congressman Ro Khanna, who has known Musk for many years, extended an olive branch to the billionaire, calling for his party to embrace him. 'Having Elon speak out against the irrational tariff policy, against the deficit-exploding Trump bill, and the anti-science and anti-immigrant agenda can help check Trump's unconstitutional administration,' Khanna said in an interview with Semafor. 'I look forward to Elon turning his fire against MAGA Republicans instead of Democrats in 2026.' However, it is uncertain whether Democrats will heed Khanna, as Musk has become persona non grata, particularly among the party's left wing. Musk has stated he voted Democratic until Joe Biden's election. Beyond SpaceX, which holds numerous government contracts, Tesla itself is an easy target for Trump, who views the powers of the presidency as inherently personal. Tesla's net profit, in fact, plummeted 71% in the first quarter to $409 million compared to the previous year, primarily due to a sharp decline in vehicle sales. The automaker is also grappling with protests outside its stores globally, with demonstrators denouncing Musk's actions through DOGE in the U.S. and his perceived support for far-right ideologies worldwide. This erosion of goodwill is expected to continue. Initial data for the current second quarter shows a sustained decline in Tesla sales across China and Europe. Sales fell 45% in the UK in May, even as the overall EV market grew by 28%. In Germany, home to Tesla's only European factory, the decline was 36%, contrasting sharply with a 45% jump in the local market. Further demonstrating this trend, Tesla sales are down 67% in France, 54% in Sweden, 20% in Italy, 48% in Denmark, and 29% in Germany. These figures strongly suggest that Musk's reputation has been severely damaged among liberals, who constituted Tesla's core customer base due to their embrace of climate change initiatives and environmental concerns. For them, Tesla once symbolized the quintessential 'green' car. Tesla executives have been working to reassure worried investors since April. Musk himself has indicated a desire to reduce his role within the Trump administration. More significantly, he has promised that in the coming months, self-driving Teslas would be widely available in many cities thanks to advancements in FSD (Full Self-Driving), the software enabling autonomous driving. Unsupervised FSD, he implies, would make people forget this current rough patch and repair his tarnished reputation. 'I'm confident that it will be available in many cities in the US by the end of this year,' he told investors during the quarterly results presentation conference on April 22. However, this ambitious timeline hinges on regulatory approval, particularly from federal agencies. Given the increasingly fractured relationship with Trump, this green light is no longer as guaranteed as it might have seemed just a fortnight ago. The path forward appears considerably less smooth. Whether this mea culpa arrives too late remains uncertain. And Trump is never one to apologize. What is clear, however, is the division among X users. 'To err is human, to forgive is divine,' one user commented on Musk's post. 'The courage to realize that you have erred, apologize, and make amend is protecting the true essence of human to human interaction.' Conversely, another self-proclaimed Trump supporter commented, 'Shouldn't have said the things you did Elon. Burning bridges is something you shouldn't do. and you should know better. everybody took you in and this is how you get back wat everybody when you don't get your way.' For a man who almost never admits he's wrong, the slightest confession that he has painted himself into a corner is significant, though it's just a small blip in the flood of posting he engages in day-to-day. Even his own fans didn't seem to take it as an earth-shattering moment from a man they expect to deliver interplanetary leaps. As it so happens, around the same time last week, physicists at Loughborough University in England were getting their hands dirty with real advancements in nanotechnology and laying the groundwork for the world's tiniest violin. Measuring in at just 35 microns long and 13 microns wide, Musk's haters and boosters picked it up and played a sorrowful tune in his honor.
