American Oversight Slams DOGE for Evasive Response to Court’s Records Preservation Order
Instead of answering the court's question of whether records responsive to American Oversight's requests had been preserved, DOGE attorneys filed a vague and evasive statement.
On Tuesday, nonpartisan watchdog American Oversight filed a response to DOGE’s court-ordered status report, calling out the Trump administration for failing to comply with a court order in its ongoing Freedom of Information Act (FOIA) lawsuit. On April 2, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia ordered the U.S. Department of Government Efficiency, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, and U.S. Digital Service (collectively referred to as “DOGE Defendants”) to inform the court by Monday, April 7, whether “all records that may be responsive to [American Oversight’s] records requests … have been preserved to date.”
Instead of answering that question, attorneys for DOGE filed a vague and evasive statement, asserting only that they had made “all reasonable efforts to ensure preservation of records” and would “continue to do so” — a clear departure from the court’s explicit instruction.
“Rather than confirm whether all records have been preserved, DOGE’s attorneys offered vague, carefully worded deflection,” said American Oversight interim Executive Director Chioma Chukwu. “It’s not just evasive, it’s insulting — to the court, to the public, and to the very principle of transparency. Ambiguity is not a substitute for accountability, and we look forward to continuing to press the Trump administration for answers over its unlawful actions and deliberate attempts to hide the truth.”
American Oversight’s lawsuit seeks records related to Elon Musk’s role in DOGE, including his communications, employment details, and the reorganization of the U.S. Digital Service under the Trump administration. The organization’s lawsuit also raises serious concerns about DOGE officials using encrypted, non-governmental messaging apps like Signal to conduct official business — a practice that has likely resulted in the unlawful destruction of federal records.In March, DOGE released a newly created records retention policy in American Oversight’s lawsuit — just days after the watchdog asked the court to issue a preservation order.