The US Supreme Court has agreed to hear a lawsuit over the release of records held by the Department of Government Efficiency (DOGE). The case centers on whether DOGE is a federal agency subject to the Freedom of Information Act (FOIA) or a presidential advisory body exempt from disclosure requirements.
On the 13th, the Supreme Court agreed to hear a suit filed by Citizens for Responsibility and Ethics in Washington (CREW), which sought DOGE records related to its work early in President Donald Trump’s second term, the Associated Press reported.
CREW argues that DOGE is a federal agency and must disclose records under FOIA, which allows the public to request records held by federal agencies. The Trump administration counters that DOGE is a presidential advisory body and therefore is not covered by the law.
Lower courts sided with CREW. A federal district court ordered the government to process the records request promptly, and an appeals court panel upheld that ruling. The administration argued that the appeals court failed to follow the Supreme Court’s existing guidance to consider separation of powers and infringed on the autonomy and confidentiality of presidential advisers.
The administration also challenged the appeals court’s decision to allow Amy Gleason, DOGE’s acting administrator, to be questioned under oath. Justice Department lawyers argued that allowing broad discovery of presidential advisory bodies would undermine Congress’s intent to exempt those bodies from FOIA.
The Supreme Court first intervened in the case in June 2025. At the time, the majority ruled that Federal District Judge Christopher Cooper’s order for DOGE-related documents was too broad. The case was then sent back to the lower courts.
CREW responded that the lower courts had followed the Supreme Court’s guidance. The organization argues that the public has a right to know what role and authority DOGE exercised as it undertook a sweeping overhaul of government operations in 2025. The court will consider both the disclosure obligations and how far judges may go in seeking records to determine DOGE’s authority and organizational status.
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