FOIA Advisor

FOIA News: Another DOGE FOIA lawsuit enters the mix

FOIA News (2025)Ryan MulveyComment

DOGE Keeps Trying to Dodge the Freedom of Information Act. So We’re Suing.

Shawn Musgrave, The Intercept, Mar. 24, 2025

The Intercept filed a lawsuit on Monday to force the Trump administration to comply with federal transparency law when it comes to the so-called Department of Government Efficiency.

The lawsuit, filed in Manhattan federal court under the Freedom of Information Act, concerns multiple FOIA requests for DOGE records. At first, DOGE simply ignored these requests while Elon Musk’s crew ransacked federal agencies and accessed sensitive data systems.

Then last Tuesday, DOGE sent a brief email to The Intercept claiming it was not subject to FOIA at all because of the way President Donald Trump established DOGE by executive order in January. “We therefore decline your request,” reads the unsigned email.

So we’re suing.

The Intercept’s lawsuit covers five different FOIA requests sent to DOGE since early March.

Read the rest here.

[RPM Comment: The Intercept’s complaint can be found here. Notably, while all the prominent litigation related to DOGE and FOIA to date has been brought in the District of the District of Columbia, this new lawsuit has been filed in the Southern District of New York. Keep an eye out for possible divergent rulings when these cases make their way up to the D.C. and Second Circuits!]