American Oversight Reacts to SCOTUS Shielding DOGE and Musk from Transparency
The stay granted today does not resolve the underlying legal questions about whether DOGE is a federal agency subject to FOIA. It simply postpones the truth.
On Friday afternoon, the U.S. Supreme Court granted the Trump administration’s application for a stay of the district court’s order granting Citizens for Responsibility and Ethics in Washington (CREW) limited discovery against the Department of Government Efficiency (DOGE) and Elon Musk. Earlier in the day, American Oversight filed an amicus brief opposing the stay, which included previously undisclosed records obtained by the nonprofit watchdog that undermine the government’s claims.
The administration’s application for stay followed a March ruling in which a federal district judge found that DOGE is “likely subject to FOIA” and authorized CREW to obtain more information before a final determination is made, and an unsuccessful attempt to secure intervention from the D.C. Circuit.
In response, American Oversight issued the following statement from its Executive Director Chioma Chukwu:
“We are deeply disappointed that the Supreme Court has granted the Trump administration’s request to block discovery in a case with profound implications for transparency and the rule of law. This decision delays much-needed answers about the shadowy operations of DOGE and the role Elon Musk and others are playing in reshaping our federal government behind closed doors.
“But this fight is far from over. The American people deserve to know who is making decisions that impact their lives — and under what authority. The stay granted today does not resolve the underlying legal questions about whether DOGE is a federal agency subject to FOIA. It simply postpones the truth.
“We will continue to fight in the courts and with every tool available to us to ensure that this administration cannot hide its actions from the people it purports to serve. Transparency is not optional — it is foundational to democracy.”
Background
American Oversight’s brief argued that, in order to decide whether DOGE is definitively a “federal agency” under FOIA, a court must take a close look at how DOGE actually operates — something that cannot be resolved without factual discovery. The watchdog further argued that attempts to block this basic transparency risk undermining not only CREW’s case but American Oversight’s own ongoing litigation against DOGE, in which the watchdog is seeking critical information about how DOGE is influencing federal policy behind closed doors.
In April, Elon Musk proclaimed DOGE to be “the most transparent organization in government ever.” Soon after, American Oversight filed another lawsuit against DOGE and several Trump administration officials to uncover the truth about DOGE’s influence over federal decision-making and ensure that government operations — especially those wielding power to fire employees and halt payments — are subject to public scrutiny.
For more information on American Oversight’s investigation into DOGE, click here.