Supreme Court Reviews DOGE Records Dispute Over FOIA Access

The Supreme Court agreed on October 13, 2026, to hear a dispute in Washington over whether the Department of Government Efficiency must provide records requested by Citizens for Responsibility and Ethics in Washington under the Freedom of Information Act.

The case, U.S. DOGE Service v. U.S.

District Court for the District of Columbia, concerns whether DOGE is a presidential advisory body outside FOIA or an entity subject to federal disclosure rules. Arguments are expected in early 2027, with a decision expected by that summer.

According to CBS News, CREW filed a FOIA request in early 2025 seeking DOGE records including its organizational chart and financial disclosures. The administration declined to process the request, arguing DOGE was housed within the Executive Office of the President and was purely advisory.

The Supreme Court previously limited a lower court discovery order in a 6-3 decision, objecting to requests involving internal executive branch recommendations. The court said the information request would.

"require[s] the Government to disclose the content of intra-Executive Branch USDS recommendations and whether those recommendations were followed." the Supreme Court said.

The court explained its concern about access to internal executive communications in the earlier ruling.

"Separation of powers concerns counsel judicial deference and restraint in the context of discovery regarding internal executive branch communications." the Supreme Court said.

The justices sent the matter back to the U.S. Court of Appeals for the D.C. Circuit with instructions for the lower court to narrow the discovery process.

"appropriate action to narrow" the Supreme Court said.

CREW later reduced the scope of its requests to information about DOGE's structure, directives to cancel federal contracts and dismiss workers, and examples of independent authority, according to CBS News.

While serving with DOGE, Elon Musk was classified as a "special government employee" before leaving the initiative in May 2025.

The Trump administration continued challenging the disclosure process, arguing the lower court order would reveal protected information about presidential advisers. Solicitor General D. John Sauer wrote in a filing that the appeals court decision would affect future administrations.

"The decision below intrudes into the autonomy and confidentiality of presidential advisors and augurs time-consuming and burdensome discovery litigation, including through a deposition of USDS Administrator Amy Gleason," wrote D. John Sauer, Solicitor General.

The filing also addressed broader concerns about FOIA litigation involving executive branch advisers.

"Beyond this case, the court of appeals' FOIA ruling threatens to burden future presidential administrations with FOIA suits designed to leverage discovery against advisors in the Executive Office." wrote D. John Sauer, Solicitor General.

CREW said the administration's appeal was delaying public access to information about DOGE's operations and effects.

"obvious delay tactic to keep the American public in the dark about DOGE’s reckless operation and disastrous impact." said Citizens for Responsibility and Ethics in Washington.

DOGE was created during President Donald Trump's second term to reduce federal spending and workforce size. According to the Government Accountability Office analysis cited by CBS News, the administration spent $9.5 billion on employee administrative leave costs in 2025, including $6.7 billion tied to employees who accepted a buyout offer connected to the workforce reduction effort.