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Supreme Court Temporarily Halts Discovery in DOGE FOIA Case

Chief Justice John Roberts grants a stay on lower court orders requiring the Department of Government Efficiency to release records and depose its administrator.

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Overview

  • Chief Justice John Roberts issued an administrative stay pausing lower court rulings that mandated DOGE to produce records and allow administrator Amy Gleason’s deposition.
  • The Trump administration argues DOGE is a presidential advisory body exempt from FOIA, while watchdog group CREW claims it functions as a federal agency subject to transparency laws.
  • CREW’s lawsuit seeks records on DOGE’s operations, including details on mass layoffs, grant terminations, and the role of Elon Musk, who oversees the initiative.
  • The stay provides the Supreme Court time to review the administration's emergency appeal, which contends that compliance with discovery orders would violate separation of powers.
  • Lower courts had previously ruled that DOGE is likely subject to FOIA, citing its significant authority over federal government functions.