Boban John
The decision marks a significant victory for transparency advocates who seek insight into DOGE’s role in the federal workforce reductions and the dismantling of government agencies under the Trump administration.
President Donald Trump and his administration have argued that DOGE, as part of the executive branch, is exempt from FOIA requirements.
But Cooper disagreed, stating that the agency exercised “substantial independent authority” exceeding that of other presidential office components that are typically exempt from FOIA.
“DOGE appears to have the power not just to evaluate federal programs, but to drastically reshape and even eliminate them wholesale,” Cooper wrote in his ruling, noting that the agency did not dispute that claim.
The judge also cited reports of DOGE’s secretive practices — including its use of an outside server, employees who refused to identify themselves to career officials, and reliance on the encrypted app Signal for communications, which Cooper pointed out is “widely used for its auto-delete functionality.”
Battle over transparency
CREW filed the lawsuit on Feb. 20 after submitting FOIA requests for internal emails, memos and other documents related to DOGE’s operations. The watchdog group argued that the records were essential as Congress debated government funding legislation ahead of a Friday deadline to prevent a partial shutdown.
While Cooper declined to order the immediate release of documents by Monday, he mandated that the records be provided on an expedited timeline, citing the agency’s “unprecedented” level of authority.
“Now more than ever, Americans deserve transparency in their government,” Donald Sherman, CREW’s executive director and chief counsel, said in a statement following the ruling.
“Despite efforts and claims to the contrary, the government cannot hide the actions of the US DOGE Service. We look forward to the expedited processing of our requests and making all the DOGE documents public.”
The White House pushed back against the decision. An official stated that the judge had a “misunderstanding of how DOGE works” and predicted that Cooper would reverse course once he “correctly comprehends DOGE’s structure,” according to Reuters.
Cooper ordered the Trump administration to submit a status report by March 20 estimating the volume of documents at hand. He also directed both parties to propose a schedule for their release by March 27.
Additionally, he issued a preservation order, citing concerns that DOGE officials may not fully understand their obligation to maintain federal records.
