Judge orders Elon Musk’s DOGE to release records over ‘unusual secrecy’

A judge has ordered the Department of Government Efficiency (DOGE) to release records over 'unusual secrecy'.

Earlier this week on Monday (10 March), DOGE, which is spearheaded by Tesla CEO and billionaire Elon Musk - who bankrolled US president Donald Trump's campaign - was ordered by federal judge Christopher Cooper to make public records concerning its operations.

Cooper sided with the government watchdog group, Citizens for Responsibility and Ethics in Washington (CREW), in finding that DOGE was likely an agency subject to the Freedom of Information Act (FOIA).

The FOIA, introduced back 1966 before taking effect the following year in 1967, gives the public the right to access records from federal agencies, with some exceptions.

It was created to ensure that the government is open and accountable.

The Trump administration, however, argued that DOGE was not subject to FOIA.

Explaining his findings, Cooper rejected the argument that DOGE was an arm of the president’s executive office - meaning it wouldn't be covered by FOIA - and declared that the agency was exercising 'substantial independent authority' and that its records must be subject to the transparency law.

He ruled that DOGE must process CREW’s requests for information 'on an expedited timetable' and begin 'producing documents on a rolling basis as soon as practicable'.

Additionally, the judge issued a preservation order that requires the Musk-led agency to preserve all the documents and records requested by CREW, as evidence suggests the agency’s operatives 'may not fully appreciate their obligations to preserve federal records'.

Elon Musk spearheads the Department of Government Efficiency (DOGE) (Andrew Harnik / Staff / Getty Images)

"Congress needs the requested information in a timely fashion to use it effectively," Cooper wrote. "The electorate also requires the expeditious production and publication of this information. Voters may seek to influence congressional representatives to take action 33 responsive to USDS at any point along the road.

"And 'the…information' sought by CREW would contribute ‘to an informed electorate capable of developing knowledgeable opinions and sharing those knowledgeable opinions with their elected leaders."

Speaking to Fox News on Monday, Musk said: "When people criticise what DOGE is doing, we say which part, specifically? Because we put all the actions of the DOGE team on doge․gov and on the Doge handle on X. So we post the receipts…So, when we get criticism, [we ask] of what, which line do you disagree with? Which cost saving do you disagree with? And then people usually can't think of any."

During the interview, Musk, who is the wealthiest person on the planet with a net worth of $342.4 billion dollars, failed mention why the agency was refusing to comply with FOIA requests.