FOIA Advisor

FOIA News: DOJ urged to defend GAO's immunity from FOIA

FOIA News (2025)Allan BlutsteinComment

Top Democrats Urge DOJ To Defend GAO's Legislative Status

By Courtney Bublé, Law360, Apr. 17, 2025

Three top House Democrats are looking for assurances from the U.S. Department of Justice that it will "zealously defend" a government watchdog in upcoming litigation by a conservative legal organization that challenges its status in the government.

The America First Legal Foundation, which was founded by Stephen Miller, a current and former top Trump official, last month sued the U.S. Government Accountability Office, an independent agency that works for Congress. While the lawsuit is based on a Freedom of Information Act request, there is a larger goal regarding the president's ability to remove executive officials. On Thursday, U.S. District Judge Sparkle L. Sooknanan of the District of Columbia ordered the GAO to respond to the complaint by May 16.

Despite the GAO being in the legislative branch, the DOJ represents it in litigation, so the lawmakers asked for written confirmation by April 23 that the DOJ is committed to "vigorously" representing it. 

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