In a significant ruling for government transparency, a federal judge has determined that the U.S. Department of Government Efficiency (DOGE) is not exempt from the Freedom of Information Act (FOIA) and must comply with document requests. However, the judge stopped short of granting immediate access to all requested records, leaving the timeline for release to be determined later this month.
The Lawsuit and Ruling
The ruling came in response to a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW), a nonprofit organization that advocates for government accountability. CREW sought to force DOGE to release documents after the Trump administration claimed the agency was exempt from FOIA due to its executive branch status.
U.S. District Judge Christopher R. Cooper ruled that CREW would likely succeed in its lawsuit, stating that DOGE’s expansive powers warrant public scrutiny. However, he did not require the federal government to produce all requested documents immediately. Instead, the government has until March 20 to estimate the number of documents relevant to CREW’s request, with a timeline for their release to be presented on March 27.
What is FOIA?
The Freedom of Information Act (FOIA) allows citizens and organizations to request public documents from government entities. While there are exceptions to the law, including certain executive branch records, Judge Cooper’s ruling affirms that DOGE is not exempt from these transparency requirements.
DOGE, originally established as the United States Digital Service under the Obama administration, was moved under the executive branch umbrella by former President Donald Trump. The agency has since been at the center of controversy for its aggressive cost-cutting measures and lack of transparency.
CREW’s Role
CREW, founded by individuals with ties to the Democratic Party, is known for pursuing lawsuits against government officials and agencies across the political spectrum. The organization filed several FOIA requests seeking documents from DOGE and the Office of Management and Budget, which were denied by the Trump administration.
“The law is clear about how government records should be preserved so that, when the public requests them, they are easily and readily accessible. If the administration valued transparency, following records laws would be a priority,” said CREW President Noah Bookbinder in a statement.
The Judge’s Reasoning
In his ruling, Judge Cooper emphasized the importance of transparency, particularly given DOGE’s significant influence over government operations.
“Many of the facts establishing CREW’s entitlement to expedited processing … indicate that an indefinite delay would result in irreparable harm,” Cooper wrote. “The electorate also requires the expeditious production and publication of this information. Voters may seek to influence congressional representatives to take action responsive to USDS at any point along the road.”
What’s Next?
The federal government now has until March 20 to provide the court with an estimate of the number of documents relevant to CREW’s request. Following this, the parties will meet on March 27 to establish a timeline for releasing the documents.
This ruling marks a pivotal moment in the ongoing debate over government transparency and accountability. While it does not guarantee immediate access to DOGE’s records, it reaffirms the principle that no government agency is above the law when it comes to public scrutiny.
Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram
For more News in Johannesburg, visit joburgetc.com