New Lawsuit Seeks Musk’s Communications, Pushes Back Against DOGE’s Secretive Efforts to Invade Agencies and Evade Oversight
The first Freedom of Information Act lawsuit against DOGE will expose and thwart Elon Musk’s efforts to evade accountability and the federal transparency law
Today, nonpartisan watchdog American Oversight filed a lawsuit against the “Department of Government Efficiency” (DOGE) over FOIA requests for Elon Musk’s communications around efforts to purge the federal workforce, beginning with the mass firing of independent federal agency inspectors general — officials statutorily charged with identifying inefficiencies and rooting out waste, fraud, and abuse across the federal government. Today, CNN reported on the lawsuit, highlighting American Oversight’s role in holding Elon Musk and DOGE accountable for their actions.
The lawsuit, filed in the U.S. District Court for the District of Columbia, seeks all of Musk’s communications involving the sweeping terminations and will likely serve as the first test of whether DOGE is subject to the Freedom of Information Act (FOIA), a key federal transparency law that provides the public with access to information about government activities. Previously, Musk stated that “all government data should be default public for maximum transparency.” However, President Trump reorganized the structure of the existing U.S. Digital Service in creating DOGE, in an apparent attempt to evade FOIA. An adviser recently claimed on X (Twitter) that its records are actually “presidential records,” which would shield them from public disclosure until at least 2034.
Additionally, the records sought may reveal information about the involvement of Musk or key staff in Trump’s decision to fire independent inspectors general, as new reports raise concerns that certain fired inspectors general were actively investigating matters that could affect interests across Musk’s businesses.
Further, today’s lawsuit alleges that DOGE members have used platforms such as Signal and Slack — ephemeral, non-governmental messaging platforms — to communicate about official matters since at least December, likely resulting in destruction of federal records, including those potentially included in American Oversight’s requests.
“Elon Musk can’t run the federal government the way he runs his companies — the American people have a right to every email, text, or DM he or his unelected cronies send or receive as part of DOGE’s work,” said American Oversight interim Executive Director Chioma Chukwu. “The court must reject DOGE’s attempts to hide in the shadows, and order the office to preserve and turn over any records of Musk’s or his team’s involvement in the mass purge of inspectors general.”
Independent inspectors general are charged with rigorous investigation of their agencies and are not meant to be subject or loyal to the whims of political appointees. As such, they could investigate fraud in Musk’s company’s contracts with the federal government or misconduct by the “DOGE teams” that he has foisted upon specific agencies.
Background
On Jan. 22, 2025, American Oversight sent a letter to Musk, in his capacity as the apparent leader of DOGE, reminding him of the department’s obligations to preserve federal records under the Federal Records Act.
On Jan. 24, President Trump illegally removed inspectors general from at least 17 federal agencies, citing “changing priorities” as the reason for their terminations. Members of nearly two dozen House committees subsequently signed a joint letter to President Trump defending the independence of independent inspectors general and pointing out that removing them without notifying Congress violates the law.
On Jan. 30, American Oversight submitted two expedited FOIA requests to both U.S. DOGE Service and the Office of Personnel Management seeking records from Jan. 20 through Jan. 28. The first request sought any communications of Elon Musk or his key staff that refer to the inspector general purge. The second request sought communications between Musk or his key staff and Congress, including the newly constituted House Oversight Subcommittee on Government Efficiency.
On Feb. 5, DOGE adviser Katie Miller claimed on X that DOGE is “subject to Presidential Records,” i.e., is immune from all obligations under the Freedom of Information Act.