Supreme Court sides with Trump administration in lawsuit seeking records on Elon Musk’s DOGE

WASHINGTON (AP) — The Supreme Court, siding with the Trump administration, agreed Tuesday to hear arguments in a watchdog’s lawsuit seeking public records about billionaire Elon Musk’s Department of Government Effectiveness.

The high court is weighing in for the second time in the Citizens for Responsibility and Ethics in Washington case, which seeks access to DOGE records of its operations early in President Donald Trump’s second term.

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Last year, the High Court put the brakes on a district court’s order compelling the government to produce DOGE-related documents to CREW. The high court’s conservative majority concluded in June 2025 that U.S. District Judge Christopher Cooper ruled too broadly in ordering documents turned over to the group.

CREW claims that DOGE is a federal agency and therefore subject to the Freedom of Information Act.

The Trump administration argues that DOGE is exempt from FOIA requirements as a presidential advisory body.

Cooper ruled in favor of CREW and ordered expedited processing of the group’s registration application. An appeals court panel also sided with CREW.

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The administration claims the committee ignored the Supreme Court’s directive to examine separation of powers issues and encroached on the “autonomy and confidentiality” of presidential advisers.

“Subjecting advisory bodies to intrusive investigations triggers the same concerns that Congress sought to avoid by excluding presidential advisory bodies from the scope of FOIA,” Justice Department lawyers wrote.

The administration also claims that the appeals court impermissibly allowed plaintiffs to depose Acting DOGE Administrator Amy Gleason under oath.

CREW asserts that the appeals court fully complied with the Supreme Court’s previous order. The group also says the public has a right to know how DOGE helped the administration carry out a radical overhaul of government operations in 2025.

“Undisputed facts made public – including the President’s statements – confirmed that (DOGE) exercised enormous independent authority within the federal government,” his lawyers wrote.