FOIA Advisor

FOIA News: Court rules DOGE must process FOIA request

FOIA News (2025)Allan BlutsteinComment

DOGE likely subject to open records law, judge rules

By Zach Schonfeld, The Hill, Mar. 10, 2025

The Department of Government Efficiency (DOGE) is likely covered under the Freedom of Information Act (FOIA), a federal judge ruled late Monday, rejecting the Trump administration’s position that the group does not have to respond to public records requests. 

U.S. District Judge Christopher Cooper found DOGE exercises substantial authority independently of the president, which makes it subject to FOIA. 

His finding was rooted in media reports detailing the group’s rapid efforts to dismantle parts of the federal bureaucracy, as well as some of President Trump’s and Elon Musk’s statements. 

“Canceling any government contract would seem to require substantial authority—and canceling them on this scale certainly does,” wrote Cooper, an appointee of former President Obama. 

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