American Oversight Opposes Indefinite Freeze of DOGE Records Lawsuit

Today, we urged the U.S. District Court for the District of Columbia to allow our lawsuit against the Department of Government Efficiency (DOGE) under the Freedom of Information Act (FOIA) to proceed, responding to the court’s request for arguments on whether the case should be put on hold indefinitely pending a separate, unrelated lawsuit.

Our filing makes clear that federal courts have a duty to resolve the cases before them and cannot force a plaintiff to wait for years while unrelated litigation between other parties plays out. We previously responded to the Trump administration’s request for a stay of proceedings in another one of our cases against DOGE, after the government asked the court to delay the matter until there is a “final decision” in a separate lawsuit brought by another organization — CREW v. DOGE — an outcome that could take years and does not address the questions at issue in American Oversight’s case.

Our filing underscores that indefinite stays of this kind are not favored absent a pressing need, and no such need exists here. It argues that delaying the case would cause serious harm by blocking access to records that could shed light on DOGE’s sweeping influence over the executive branch — including its role in the unprecedented removal of inspectors general from nearly 20 federal agencies. Meanwhile, the government has shown no hardship from being required to move forward.

“Transparency delayed is transparency denied. The Trump administration cannot use another case as an excuse to sideline our case, avoiding accountability, while it drags out unrelated litigation in another courtroom. Our motion for discovery is already fully briefed and pending before this court and should be allowed so that the case can move forward and the court can decide whether DOGE exercised authority that makes it subject to FOIA,” our Executive Director Chioma Chukwu said. “FOIA was designed to ensure timely public access to government records. Every day that DOGE operates in the shadows is another day the public, media, Congress, and the courts lose access to records of historic importance that are essential for oversight and accountability. Our lawsuit must proceed without delay.”

In recent months, the Trump administration has sought similar stays in multiple lawsuits challenging DOGE’s secrecy, attempting to put watchdogs’ cases on hold while other litigation plays out. American Oversight is pushing back, warning that such an indefinite delay would block transparency.

Since January, DOGE has operated in secrecy while carrying out sweeping changes across the federal government, including dismantling entire agencies, canceling previously approved grants and contracts, overruling instructions from Senate-confirmed Cabinet members, directing the termination of tens of thousands of federal employees, and shaping policy through private messaging apps with auto-delete features. We’ve sought records to shed light on DOGE’s actions, but instead of producing the records as required by law, the administration petitioned the court to pause the proceedings.

American Oversight has filed more than 40 FOIA requests with DOGE since January 20, 2025.