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CBS News
3 days ago
- Business
- CBS News
Supreme Court halts lower court orders requiring DOGE to hand over information about work and personnel
Elon Musk on DOGE and his work in and out of government Elon Musk on DOGE and his work in and out of government Elon Musk on DOGE and his work in and out of government Washington — The Supreme Court on Friday halted lower court orders that required the White House's Department of Government Efficiency to turn over information to a government watchdog group as part of a lawsuit that tests whether President Trump's cost-cutting task force has to comply with federal public records law. The order from the high court clears DOGE for now from having to turn over records related to its work and personnel, and keeps Amy Gleason, identified as its acting administrator, from having to answer questions at a deposition. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented. "The portions of the district court's April 15 discovery order that require the government to disclose the content of intra–executive branch USDS recommendations and whether those recommendations were followed are not appropriately tailored," the court said in its order. "Any inquiry into whether an entity is an agency for the purposes of the Freedom of Information Act cannot turn on the entity's ability to persuade. Furthermore, separation of powers concerns counsel judicial deference and restraint in the context of discovery regarding internal executive branch communications." The Supreme Court sent the case back to the U.S. Court of Appeals for the D.C. Circuit for more proceedings. Chief Justice John Roberts temporarily paused the district court's order last month, which allowed the Supreme Court more time to consider the Trump administration's bid for emergency relief. A district judge had ordered DOGE to turn over documents to the group, Citizens for Responsibility and Ethics in Washington, by June 3, and for Gleason's deposition to be completed by June 13. The underlying issue in the case involves whether DOGE is subject to the Freedom of Information Act. CREW argues that the cost-cutting task force wields "substantial independent authority," which makes it a de facto agency that must comply with federal public records law. The Justice Department, however, disagrees and instead claims that DOGE is a presidential advisory body housed within the Executive Office of the President that makes recommendations to the president and federal agencies on matters that are important to Mr. Trump's second-term agenda. DOGE's agency status was not before the Supreme Court, though the high court may be asked to settle that matter in the future. Instead, the Trump administration had asked the justices to temporarily halt a district court's order that allowed CREW to gather certain information from DOGE as part of its effort to determine whether the task force is an advisory panel that is outside FOIA's scope or is an agency that is subject to the records law. The judge overseeing the dispute, U.S. District Judge Christopher Cooper, had ordered DOGE to turn over certain documents to the watchdog group by June 3 and to complete all depositions, including of Gleason, by June 13. Mr. Trump ordered the creation of DOGE on his first day back in the White House as part of his initiative to slash the size of the federal government. Since then, DOGE team members have fanned out to agencies across the executive branch and have been part of efforts to shrink the federal workforce and shutter entities like the U.S. Agency for International Development and the U.S. Institute of Peace. DOGE has also attempted to gain access to sensitive databases kept by the Internal Revenue Service, Social Security Administration and Office of Personnel Management, prompting legal battles. In an effort to learn more about DOGE's structure and operations, CREW submitted an expedited FOIA request to the task force. After it did not respond in a timely manner, CREW filed a lawsuit and sought a preliminary injunction to expedite processing of its records request. The organization argued that DOGE was exercising significant independent authority, which made it an agency subject to FOIA. Cooper granted CREW's request for a preliminary injunction in March and agreed that FOIA likely applies to DOGE because it is "likely exercising substantial independent authority much greater than other [Executive Office of the President] components held to be covered by FOIA." He then allowed CREW to conduct limited information-gathering, which the watchdog group said aimed to determine whether DOGE is exercising substantial authority that would bring it within FOIA's reach. A federal appeals court ultimately declined to pause that order, requiring DOGE to turn over the documents sought by CREW. In seeking the Supreme Court's intervention, Solicitor General D. John Sauer said CREW is conducting a "fishing expedition" into DOGE's activities. He warned that if Cooper's order remains in place, several components of the White House, such as the offices of the chief of staff and national security adviser, would be subject to FOIA. "That untenable result would compromise the provision of candid, confidential advice to the president and disrupt the inner workings of the Executive Branch," Sauer wrote. "Yet, in the decisions below, the court of appeals and district court treated a presidential advisory body as a potential 'agency' based on the persuasive force of its recommendations — threatening opening season for FOIA requests on the president's advisors." But lawyers for CREW told the Supreme Court in a filing that the Justice Department's position "would require courts to blindly yield to the Executive's characterization" of the authority and operations of a component of the Executive Office of the President. They said adopting the Trump administration's approach to DOGE would give the president "free reign" to create new entities within the Executive Office of the President that exercise substantial independent authority but are shielded from transparency laws. "Courts would be forced to blindly accept the government's representations about an EOP unit's realworld operations, unable to test those representations through even limited discovery," CREW's lawyers wrote. "It is that extreme position, not the discovery order, that would 'turn[] FOIA on its head.'"
CBS News
3 days ago
- Business
- CBS News
Supreme Court halts lower court order requiring DOGE to hand over information about work and personnel
Elon Musk on DOGE and his work in and out of government Elon Musk on DOGE and his work in and out of government Elon Musk on DOGE and his work in and out of government Washington — The Supreme Court on Friday halted a lower court order that required the White House's Department of Government Efficiency to turn over information to a government watchdog group as part of a lawsuit that tests whether President Trump's cost-cutting task force has to comply with federal public records law. The order from the high court clears DOGE for now from having to turn over records related to its work and personnel, and keeps its acting administrator, Amy Gleason, from having to answer questions at a deposition. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented. "The portions of the district court's April 15 discovery order that require the government to disclose the content of intra–executive branch USDS recommendations and whether those recommendations were followed are not appropriately tailored," the court said in its order. "Any inquiry into whether an entity is an agency for the purposes of the Freedom of Information Act cannot turn on the entity's ability to persuade. Furthermore, separation of powers concerns counsel judicial deference and restraint in the context of discovery regarding internal executive branch communications." Chief Justice John Roberts temporarily paused the district court's order last month, which allowed the Supreme Court more time to consider the Trump administration's bid for emergency relief. A district judge had ordered DOGE to turn over documents to the group, Citizens for Responsibility and Ethics in Washington, by June 3, and for Gleason's deposition to be completed by June 13. The underlying issue in the case involves whether DOGE is subject to the Freedom of Information Act. CREW argues that the cost-cutting task force wields "substantial independent authority," which makes it a de facto agency that must comply with federal public records law. The Justice Department, however, disagrees and instead claims that DOGE is a presidential advisory body housed within the Executive Office of the President that makes recommendations to the president and federal agencies on matters that are important to Mr. Trump's second-term agenda. DOGE's agency status was not before the Supreme Court, though the high court may be asked to settle that matter in the future. Instead, the Trump administration had asked the justices to temporarily halt a district court's order that allowed CREW to gather certain information from DOGE as part of its effort to determine whether the task force is an advisory panel that is outside FOIA's scope or is an agency that is subject to the records law. The judge overseeing the dispute, U.S. District Judge Christopher Cooper, had ordered DOGE to turn over certain documents to the watchdog group by June 3 and to complete all depositions, including of Gleason, by June 13. President Trump ordered the creation of DOGE on his first day back in the White House as part of his initiative to slash the size of the federal government. Since then, DOGE team members have fanned out to agencies across the executive branch and have been part of efforts to shrink the federal workforce and shutter entities like the U.S. Agency for International Development and the U.S. Institute of Peace. DOGE has also attempted to gain access to sensitive databases kept by the Internal Revenue Service, Social Security Administration and Office of Personnel Management, prompting legal battles. In an effort to learn more about DOGE's structure and operations, CREW submitted an expedited FOIA request to the task force. After it did not respond in a timely manner, CREW filed a lawsuit and sought a preliminary injunction to expedite processing of its records request. The organization argued that DOGE was exercising significant independent authority, which made it an agency subject to FOIA. Cooper granted CREW's request for a preliminary injunction in March and agreed that FOIA likely applies to DOGE because it is "likely exercising substantial independent authority much greater than other [Executive Office of the President] components held to be covered by FOIA." He then allowed CREW to conduct limited information-gathering, which the watchdog group said aimed to determine whether DOGE is exercising substantial authority that would bring it within FOIA's reach. A federal appeals court ultimately declined to pause that order, requiring DOGE to turn over the documents sought by CREW. In seeking the Supreme Court's intervention, Solicitor General D. John Sauer said CREW is conducting a "fishing expedition" into DOGE's activities. He warned that if Cooper's order remains in place, several components of the White House, such as the offices of the chief of staff and national security adviser, would be subject to FOIA. "That untenable result would compromise the provision of candid, confidential advice to the president and disrupt the inner workings of the Executive Branch," Sauer wrote. "Yet, in the decisions below, the court of appeals and district court treated a presidential advisory body as a potential 'agency' based on the persuasive force of its recommendations — threatening opening season for FOIA requests on the president's advisors." But lawyers for CREW told the Supreme Court in a filing that the Justice Department's position "would require courts to blindly yield to the Executive's characterization" of the authority and operations of a component of the Executive Office of the President. They said adopting the Trump administration's approach to DOGE would give the president "free reign" to create new entities within the Executive Office of the President that exercise substantial independent authority but are shielded from transparency laws. "Courts would be forced to blindly accept the government's representations about an EOP unit's realworld operations, unable to test those representations through even limited discovery," CREW's lawyers wrote. "It is that extreme position, not the discovery order, that would 'turn[] FOIA on its head.'"
Forbes
23-05-2025
- Business
- Forbes
Supreme Court Blocks Release Of DOGE Records In FOIA Case
The Trump administration will not have to provide documents and testimony about billionaire Elon Musk's Department of Government Efficiency—at least for now—as Supreme Court Chief Justice John Roberts granted the government's request to temporarily halt movement in a case over whether DOGE has to be transparent about its actions. Elon Musk in the Oval Office at the White House on May 21 in Washington, DC. Roberts granted a request from the Trump administration to stop discovery in an ongoing lawsuit over whether DOGE has to comply with Freedom of Information Act (FOIA) requests, which means its records could be made publicly available. The Trump administration has argued the requests for information made by left-leaning watchdog Citizens for Responsibility and Ethics in Washington (CREW), which brought the case, are 'extraordinarily overbroad and intrusive,' and discovery would have required the government to turn over records including a deposition by DOGE Administrator Amy Gleason. CREW is suing DOGE for failing to comply with its FOIA requests for information about DOGE's role in the mass firings and sweeping cuts to federal agencies that took place after President Donald Trump's inauguration, but the Trump administration argues DOGE is not a federal agency that has to respond to FOIA requests. Roberts did not give any reasoning behind his decision to halt the lower court orders forcing the Trump administration to turn over DOGE records, but said the ruling will remain in effect until the Supreme Court rules otherwise. That means DOGE will be able to continue withholding documents while the litigation keeps moving forward, though it's still possible they could be forced to turn them over in the future. This story is breaking and will be updated.
E&E News
21-05-2025
- Business
- E&E News
Trump admin asks Supreme Court to keep DOGE records secret
The Trump administration is asking the Supreme Court to block an effort to open the inner workings of the secretive DOGE cost-cutting effort to public scrutiny. The Justice Department filed an emergency appeal Wednesday urging the high court to put a hold on a judge's orders giving a watchdog group access to documents detailing firings, grant terminations and other actions proposed by the so-called Department of Government Efficiency, which was overseen by Tesla and SpaceX founder Elon Musk. Solicitor General John Sauer is also asking the Supreme Court to block a deposition of the obscure official the Trump administration has identified as the leader of the budget-cutting drive: DOGE administrator Amy Gleason. Advertisement The appeal is the latest in more than a dozen expedited requests the administration has brought to the Supreme Court in the first four months of President Donald Trump's second term. The myriad requests have sought the justices' quick intervention to block preliminary lower-court rulings on everything from Trump's immigration agenda to his layoff plans for federal workers. One other emergency appeal pending before the justices also relates to DOGE: a bid by the administration to give DOGE access to sensitive Social Security data.
CBS News
21-05-2025
- Business
- CBS News
Trump administration asks Supreme Court to block effort to get information on DOGE
Washington — The Trump administration on Wednesday asked the Supreme Court to halt a lower court order that required the White House's Department of Government Efficiency to turn over information to a government watchdog group in a lawsuit that tests whether the task force is subject to the Freedom of Information Act. The request from Solicitor General D. John Sauer arose out of a public records request made by the group Citizens for Responsibility and Ethics in Washington that sought information about DOGE, its operations and personnel. The watchdog group went on to file a federal lawsuit based on that FOIA request, and, as part of the suit, sought categories of information through the discovery process about DOGE's activities since President Trump took office. Among the information CREW is seeking is a deposition with Amy Gleason, who the White House has said is the acting administrator of DOGE; a list of federal contracts or grants that DOGE personnel recommended for cancellation; and the names of all current and former DOGE employees, as well as details of their employment and who oversees them. The district court granted most of CREW's request for information, including to depose Gleason. U.S. District Judge Christopher Cooper found that DOGE is likely subject to FOIA and said that the task force's actions demonstrate that it has "substantial authority over vast swathes of the federal government." "Canceling any government contract would seem to require substantial authority — and canceling them on this scale certainly does. Again, USDS reportedly is leading the charge on these actions, not merely advising others to carry them out," Cooper wrote in a March decision. He noted that DOGE likely has some independent authority to terminate federal employees, programs and contracts. "Doing any of those three things would appear to require substantial independent authority; to do all three surely does," Cooper said. The Trump administration asked the federal appeals court in Washington to halt the order, which it agreed to do temporarily. Then, last week, a panel of judges on the appeals court lifted its stay, which clears the way for DOGE to hand over the documents sought by CREW. The U.S. Court of Appeals for the District of Columbia Circuit said that the discovery ordered by the district court is "narrow" and appropriate. DOGE now has until June 3 to turn over documents, and Gleason's deposition must be completed by June 13. The dispute over the efforts to learn more about DOGE, its work and employees turns on whether the task force is subject to FOIA, the federal law that allows members of the public to request access to records and information from federal agencies. FOIA does not apply to Congress, the federal courts and entities within the Executive Office of the President. In the emergency appeal with the Supreme Court, Sauer argued that DOGE is a presidential advisory body housed within the Executive Office of the President tasked with providing recommendations to Mr. Trump and federal agencies on policy matters that are important to the president's agenda. Sauer said that as a result of those functions, DOGE is exempt from FOIA. Sauer claimed that the district court's order requiring DOGE to hand over information through the discovery process to determine if it is covered by FOIA turns the public records law "on its head" and violates the separation of powers by subjecting it to "intrusive discovery." He warned that if it is allowed to stand, several components of the White House like the offices of the chief of staff, national security adviser, and other advisers to the president would be subject to FOIA. "That untenable result would compromise the provision of candid, confidential advice to the president and disrupt the inner workings of the Executive Branch," Sauer wrote. "Yet, in the decisions below, the court of appeals and district court treated a presidential advisory body as a potential 'agency' based on the persuasive force of its recommendations — threatening opening season for FOIA requests on the president's advisors." Mr. Trump established DOGE when he returned White House as part of an effort to shrink the size of the federal government. The president has repeatedly said that Elon Musk is the head of DOGE, though Justice Department lawyers have said in court filings that he is not an employee of the entity and "has no actual or formal authority to make government decisions himself." Questions about Musk's role with DOGE eventually led the White House to declare Gleason as its acting administrator. Gleason worked as a senior adviser to the U.S. Digital Service, the precursor to DOGE. Still, since its establishment, DOGE employees have fanned out across federal agencies to implement cost-cutting measures and were behind steep reductions in the federal workforce, as well as the dismantling of the U.S. Agency for International Development. Many of DOGE's efforts, as well as Musk's role within the task force have been subject to legal challenges. The Supreme Court is currently weighing an emergency appeal involving DOGE's attempts to gain access to sensitive information kept by the Social Security Administration and was asked to intervene in a legal battle over reductions in force at 21 agencies.
