Trump Admin Argues DOGE Is Exempt From Records Requests in FOIA Lawsuit

Elon Musk promised "maximum transparency," but that apparently doesn't include Freedom of Information requests to DOGE.

By C.J. Ciaramella, Reason, Feb. 28, 2025

In response to a Freedom of Information Act (FOIA) lawsuit, the Trump administration is arguing that its much-hyped Department of Government Efficiency (DOGE) is exempt from public records requests.

Justice Department lawyers stated in a court filing Thursday that DOGE is no longer subject to FOIA requests after President Donald Trump issued an executive order in January moving DOGE, formerly U.S. Digital Services (USDS), out of the White House Office of Management and Budget (OMB). OMB is subject to the public record law, unlike most of the offices and agencies within the Executive Office of the President.

"After January 20, 2025, USDS moved out of OMB and became a free-standing component of [the Executive Office of the President] that reports to the White House Chief of Staff," the government's motion stated in a footnote. "As a result, USDS is not subject to FOIA.

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