On Friday, Chief Justice John Roberts granted the Trump administration’s request to halt a lower court order requiring the Department of Government Efficiency (DOGE) to release documents under the Freedom of Information Act (FOIA). This one-page order pauses two discovery orders issued by U.S. District Judge Christopher Cooper, who had directed DOGE to produce documents and submit to depositions.
DOGE’s Status as a FOIA Agency Is Disputed
The legal battle centers on whether DOGE, a government body focused on fraud and waste within the executive branch, qualifies as an “agency” subject to FOIA. The nonpartisan watchdog group Citizens for Responsibility and Ethics in Washington (CREW) sued to enforce FOIA requests, while DOGE and the Trump administration argued it is purely an advisory body and thus exempt from FOIA.
Judge Cooper had ruled that DOGE must provide limited discovery to determine its FOIA status, but the Trump administration challenged this, arguing that the court improperly allowed discovery to proceed before deciding whether DOGE is an agency. Solicitor General D. John Sauer called the lower court’s orders “sweeping” and “intrusive,” saying they inverted FOIA’s purpose by granting CREW a win before the merits were decided.
Chief Justice’s Order Pauses Discovery
Roberts’ administrative stay halts the planned deposition of DOGE’s head, Amy Gleason, and stops the production of documents and answers to CREW’s limited questions. The ruling leaves the case on hold “pending further order” from Roberts or the full Supreme Court.
Background and Ongoing Litigation
The Trump administration had previously received an administrative stay from the D.C. Circuit Court of Appeals, but that court later lifted the stay to allow some discovery. The government maintains that DOGE’s advisory role, which includes consulting and coordinating with other officials, does not grant it the independent authority that would make it a FOIA agency.
CREW responded by accusing the government of trying to resolve the merits of the case prematurely through procedural motions, arguing the appellate court erred by allowing discovery to move forward.
No Merits Ruling from Roberts
While Chief Justice Roberts’ order pauses the case, he did not address the underlying legal questions about DOGE’s status or FOIA’s application. However, the suspension of discovery proceedings is seen as a significant victory for the Trump administration, which has vigorously resisted releasing information about DOGE’s activities.
