DOGE wins Supreme Court shield blocking records release to watchdog

WASHINGTON (CN) — Chief Justice John Roberts on Friday paused discovery into President Donald Trump’s Department of Government Efficiency, allowing the administration — for now at least — to avoid handing over records about controversial cost-cutting operations to an ethics watchdog.

That comes after Trump filed an emergency appeal to block court-ordered discovery into DOGE personnel and communications. The White House argues the group Citizens for Responsibility and Ethics in Washington (CREW) is merely conducting a fishing expedition into sensitive executive-branch functions.

To help shed light on DOGE’s structure and operations, CREW filed a Freedom of Information Act or FOIA request in January. The group sued after its request was ignored.

Roberts issued an administrative stay Friday afternoon, delaying a hearing scheduled for next week. The interim relief will give the justices more time to review Trump’s application.

By executive order, Trump transformed the U.S. Digital Service, a technology unit within the executive office, into the U.S. DOGE Service. With the help of billionaire Elon Musk, DOGE then moved to slash government programs and carry out mass layoffs of federal employees.

DOGE’s work has led to a plethora of lawsuits against the administration. The Supreme Court has already ruled on some of them, with specifics ranging from foreign aid funding and education grants to the termination of federal officials.

The Trump administration argues DOGE isn’t subject to FOIA, on the grounds it’s not a real agency but just a presidential advisory body within the executive office. Certain presidential advisers are exempt from FOIA so they can provide confidential advice to the president.

Lower courts rejected this argument, instead viewing DOGE as a regular federal agency and therefore subject to records requests. A D.C. court ordered DOGE to respond to discovery requests by May 27, provide the requested records by June 3 and make DOGE Administrator Amy Gleason available for a deposition by June 13.

Then came this emergency appeal — a move that CREW described as just the latest step in a pattern of delay.

“The court should not allow the government to continue to deny CREW the injunctive relief it won 10 weeks ago,” the group argued to the Supreme Court. “The government has raised a fact-intensive legal issue supported by unreliable evidence, did so in a manner it was explicitly told would lead to discovery, and now needs to respond.”

The limited discovery order does not include communications between the White House and DOGE, CREW said, acknowledging the potential privilege concerns around that information. The watchdog warned that allowing Trump to insulate DOGE would give the administration free rein to avoid transparency and would “turn[] FOIA on its head.”

Follow @KelseyReichmann Follow @kelseyreichmann.bsky.social