The US Supreme Court has agreed to review arguments in a lawsuit brought by a watchdog group seeking the release of public records concerning the Department of Government Efficiency (DOGE) led by billionaire Elon Musk, according to information released recently.
This is the second time the nation's highest court has intervened in the case brought by the Washington-based Citizens for Responsibility and Ethics (CREW), which is seeking access to records related to DOGE's activities during the early days of President Donald Trump's second term. The Trump administration had asked the court to take up the case.
Last year, the Supreme Court narrowed a lower court order requiring the government to provide DOGE-related records to CREW. In June 2025, the court's conservative majority concluded that Federal Judge Christopher Cooper had issued too broad an order when he directed the transfer of documents to the group.
CREW argues that DOGE is a federal agency and therefore subject to the Freedom of Information Act (FOIA).
The Trump administration, meanwhile, contends that DOGE is exempt from FOIA requests as a presidential advisory body.
Judge Cooper had previously ruled in CREW's favor and ordered expedited processing of the group's records request. An appellate panel also sided with CREW.
The Trump administration accuses the panel of ignoring Supreme Court guidance to weigh concerns about separation of powers and infringement on the "autonomy and confidentiality" of presidential advisers.
"Subjecting advisory bodies to intrusive discovery will raise the very concerns that Congress sought to avoid when it excluded presidential advisory bodies from FOIA's reach," Justice Department lawyers wrote.
The administration also argues that the appellate court improperly allowed the plaintiff to take sworn testimony from Acting DOGE Administrator Amy Gleason.
CREW maintains that the appellate court fully complied with the Supreme Court's earlier order. The group also argues that the public has a right to know how DOGE helped the administration carry out a sweeping overhaul of government operations in 2025.
"The undisputed facts in the public record — including the President's own statements — confirm that (DOGE) is wielding enormous independent power across the federal government," CREW's lawyers wrote.
In a statement Tuesday, CREW attorney Nikhel Sus said lower courts have consistently ruled that the organization is entitled to access records that could help the court determine whether DOGE holds the kind of power that makes it subject to the Freedom of Information Act.
"We will continue to pursue transparency for the American people, who deserve to know the details of the Trump Administration's efforts to unilaterally restructure the federal government," Sus said in the statement.
DOGE claims to have cut tens of billions of dollars in spending, but outside financial experts have struggled to verify those claims.
Federal auditors found that some savings DOGE reported on contracts, grants and lease terminations were inaccurate, lacked supporting evidence, or included terminations that had been carried out before DOGE was created, according to a report by the Government Accountability Office.
