American Oversight Files Amended FOIA Lawsuit Against DOGE

American Oversight amended its ongoing lawsuit against the so-called “Department of Government Efficiency” (DOGE) on Wednesday to include six additional records requests that DOGE has failed to provide a timely response to, in violation of the Freedom of Information Act (FOIA). 

The lawsuit, originally filed on February 11, serves to affirm DOGE’s legal obligations under FOIA. It seeks to force the transparency from DOGE and Elon Musk — Donald Trump’s chosen leader of DOGE — necessary to hold individuals accountable for efforts to illegally purge the federal workforce and decimate the system of checks and balances that holds our government accountable. 

The newly-added FOIA requests seek the release of Musk’s calendars and communication records, including with right-wing policy and litigation groups, since Trump’s January 2025 inauguration, as well as records detailing Musk’s employment, official job title, and salary at DOGE. 

Two of the requests seek information about the structure and staffing of the U.S. Digital Service before Trump reorganized it to house DOGE — a move made in an apparent attempt to evade FOIA. Another request, sent both to the Office of Management and Budget and to the “U.S. Doge Service,” seeks the release of staffing records including the resumes of new employees hired since Trump’s inauguration.

Musk’s role at DOGE has been obscured by the Trump administration’s conflicting accounts, raising concerns about DOGE’s oversight and compliance with transparency obligations. Trump said during his March 4 Joint Address to Congress that DOGE is headed by Musk, but his administration has claimed in court that Musk is not employed by and has no authority over DOGE. 

Trump’s and Musk’s sweeping dismantling of the federal government is unprecedented and largely illegal, but the administration has blatantly disregarded the law and, to date, has avoided accountability for its actions. Trump has also claimed that DOGE is not subject to FOIA and that its records are instead subject to the Presidential Records Act, which would mean that the public would not see its records until at least 2034. 

DOGE’s records — including its communications, details about its leadership, and any documents reflecting its efforts to decimate the federal government — belong to and should be accessible to the public.