DOGE Suffers Another Setback, American Oversight Wins Court Order Forcing Preservation of Records
The court ordered DOGE to preserve all records that may be responsive to our FOIA requests, and rejected DOGE’s arguments that its belated steps to preserve certain records fulfill its legal obligations.
On Wednesday, in American Oversight’s groundbreaking federal records lawsuit against the Department of Government Efficiency (DOGE), the U.S. District Court for the District of Columbia issued an order requiring DOGE to preserve all records that may be responsive to American Oversight’s Freedom of Information Act (FOIA) requests and rejected DOGE’s arguments that its belated steps to preserve certain records fulfill its obligations under federal records laws.
Noting concerns over DOGE’s secrecy and reports that it used the ephemeral messaging application Signal, the court also directed DOGE to confirm, by Monday, April 7, whether all potentially responsive records have been preserved to date.
“Sunlight is the best disinfectant, and this court order is a critical step toward ensuring transparency and accountability,” said American Oversight interim Executive Director Chioma Chukwu. “With reports that Elon Musk may soon leave DOGE, one thing remains clear: The public deserves to know the full extent of the damage — with or without Musk at its helm. We’ll keep fighting to ensure the truth comes out and that sunlight ultimately prevails.”
The court’s order comes on the heels of reports that Musk — the apparent head of DOGE — will be stepping down from the Trump administration in the coming months.
American Oversight filed one of the first FOIA lawsuits against DOGE to test whether the agency is subject to FOIA and to expose and thwart Musk’s efforts to evade accountability and the federal transparency law. Last week, in response to American Oversight’s lawsuit and after American Oversight filed its motion for a preservation order, the Trump administration unveiled a newly created records retention policy, though significant concerns remain about whether DOGE is adequately preserving government records.
The lawsuit seeks records of communications between DOGE officials, including Musk, and various federal agencies, as well as records related to DOGE’s operations, structure, and activities. American Oversight’s FOIA requests also seek information about potential conflicts of interest involving Musk and other DOGE officials.