Newsletter: New Lawsuit Against DOGE, Turmoil at the Defense Department

We’re suing DOGE for violations of federal records laws, and amended our lawsuit against Secretary Hegseth and other top officials for their use of Signal following news about Hegseth having shared sensitive information in a separate group chat.

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News emerged this week that Defense Secretary Pete Hegseth had shared military attack plans in yet another Signal group chat — this one with his wife, brother, personal lawyer, and others in his inner circle.

While Hegseth is rightfully in hot water for his carelessness with regard to national security, the use of autodeleting and nonofficial communication platforms for government work is a profound problem for accountability thanks to the increased likelihood of records being destroyed. That’s why we sued top Trump officials for their use of Signal, and why we filed a new lawsuit this week against DOGE for similar legal violations (more on that below).

Hegseth’s brazen use of Signal — including his reported use of an unsecured internet connection in his Pentagon office so he could access Signal — is yet another indication of how widespread the use of the ephemeral messaging app is among Trump officials. Following the news, we amended our ongoing lawsuit against Hegseth and other top officials, and asked the court to issue an emergency order to prevent the further destruction of Signal messages that must be preserved.

Earlier this month the Pentagon’s acting inspector general announced that it would be investigating Hegseth’s use of Signal, including compliance with records retention requirements.
We’ve also requested any emails exchanged with National Security Adviser Mike Waltz, who was reported to have used his personal Gmail account for official government business — another dodgy communication habit that has troubling record-keeping implications.

Meanwhile, chaos and infighting appear to be roiling the Pentagon. Last week, Hegseth’s former top spokesman accused him in a Politico opinion essay of mismanagement, and on Thursday, his chief of staff stepped down.

Reports have surfaced that the White House is considering a replacement for the embattled defense secretary. But whether Hegseth remains in his position or is replaced by another Trump loyalist, his tenure as defense secretary has demanded investigation for more than his dangerously reckless use of Signal.
We’ve submitted more than 20 Freedom of Information Act requests to the Pentagon for Hegseth’s communications with external entities or people, and we are seeking records regarding immigration detention and enforcement.

New Lawsuit Against DOGE Demands Preservation of Government Records

Following multiple reports that members of the Department of Government Efficiency (DOGE) have routinely conducted official business over Signal or other ephemeral messaging platforms, this week we filed a lawsuit against DOGE, Elon Musk, Marco Rubio, and other top officials for systemically violating the Federal Records Act, the Administrative Procedure Act, and FOIA.

The suit challenges DOGE’s use of Signal and other communication tools with auto-delete functions, as well as Google Docs, to illegally bypass federal recordkeeping requirements and conceal government operations from public scrutiny.
“This administration’s brazen use of Signal and Google Docs represents a calculated strategy to evade transparency laws and illegally destroy the public record,” our interim Executive Director Chioma Chukwu said. “Transparency and the rule of law are not optional — they are essential. No one in this administration has the right to cover their tracks by deleting records or impeding oversight.”
The lawsuit seeks declaratory and injunctive relief to prevent the destruction of federal records and enforce compliance with FOIA requirements. You can read more about our investigation into the administration’s widespread use of Signal here.

At the center of DOGE’s efforts to sidestep record-preservation requirements and keep its work shrouded in secrecy is its claim that it merely serves to advise and assist the president, and therefore is an entity with the Executive Office of the Presidency and not an “agency” under FOIA or the Federal Records Act.

Whether DOGE is an “agency” may seem like a trivial technicality, but its false claims that it should only be subject to the Presidential Records Act is what DOGE is using to justify its refusal to comply with important laws meant to hold government actors accountable.
Those claims also fly in the face of reality. Its pervasive power throughout the federal government and the sheer breadth of its work — and the functions laid out in the executive orders establishing the agency — demonstrate that DOGE does far more than advise President Trump. Read our breakdown of the key reasons DOGE is an agency, and why that matters for our democracy.

On the Records

Security Clearances Revoked in First Two Months of Trump’s Second Term

Records we obtained in response to requests for information about the number and level of security clearances that have been revoked or suspended since President Trump’s second term began show that the administration revoked 281 security clearances and suspended an additional 95 between Jan. 20 and March 24.

The revoked clearances included 133 with no clearance level, 37 that were labeled “secret,” 96 ranked “top secret,” and 15 that were classified as “SCI-ICD704” for personnel with access to sensitive compartmented information.
The suspensions applied to 19 individuals with no clearance level, 41 with “secret” clearance, one “top secret” designee, and 34 classified as “SCI-ICD704.”

We also requested records showing the number of security clearances that had been revoked or suspended at the beginning of the Biden administration. The documents do not cover that same amount of time, but they show that during the first month (Jan. 20–Feb. 20, 2021), 133 security clearances were revoked, including 111 with no clearance level, 14 labeled “secret,” four that were “top secret,” and four classified as “SCI-ICD704.” One SCI-ICD704-level clearance was suspended during that time.

The records did not include any formal or informal guidance, recommendations, communications, talking points, or directives related to security clearance revocation or suspension policies.

Newsletter: New Lawsuit Against DOGE, Turmoil at the Defense Department

On the Records

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