Supreme Court Takes Up DOGE FOIA Dispute

The Supreme Court on Oct. 13, 2026, agreed to hear the Trump administration’s appeal over whether the Department of Government Efficiency must release records to Citizens for Responsibility and Ethics in Washington under FOIA. Judge Christopher Cooper ordered disclosures in April 2025 after finding DOGE likely an agency under the law. The Court narrowed that order in June 2025; CREW then withdrew some requests, and the D.C. Circuit in July 2026 upheld the rest, including a deposition of DOGE official Amy Gleason. Trump created DOGE by executive order in January 2025 with an 18-month agenda; Elon Musk led it initially, and DOGE said its formal mission ended July 4, 2025. The administration says DOGE was a FOIA-exempt presidential advisory body and that the orders intrude on executive confidentiality. Justice Department attorneys wrote that "Subjecting advisory bodies to intrusive discovery triggers the very concerns that Congress sought to avoid by excluding presidential advisory bodies from FOIA's reach." CREW argues public facts show DOGE "was wielding enormous independent authority across the federal government" and warned a broad exemption would let the executive house consequential entities in the EOP to sidestep sunshine laws. A decision is expected by the end of June 2027.