Trump admin tells Supreme Court: DOGE needs to do its work in secret

DOJ complains of "sweeping, intrusive discovery" after DOGE refused FOIA requests.

May 22, 2025 - 03:10
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Trump admin tells Supreme Court: DOGE needs to do its work in secret

The Department of Justice today asked the Supreme Court to block a ruling that requires DOGE to provide information about its government cost-cutting operations as part of court-ordered discovery.

President Trump's Justice Department sought an immediate halt to orders issued by US District Court for the District of Columbia. US Solicitor General John Sauer argued that the Department of Government Efficiency is exempt from the Freedom of Information Act (FOIA) as a presidential advisory body and not an official "agency."

The district court "ordered USDS [US Doge Service] to submit to sweeping, intrusive discovery just to determine if USDS is subject to FOIA in the first place," Sauer wrote. "That order turns FOIA on its head, effectively giving respondent a win on the merits of its FOIA suit under the guise of figuring out whether FOIA even applies. And that order clearly violates the separation of powers, subjecting a presidential advisory body to intrusive discovery and threatening the confidentiality and candor of its advice, putatively to address a legal question that never should have necessitated discovery in this case at all."

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