Filed Date: Feb. 11, 2025
Case Ongoing
Clearinghouse coding complete
Freedom of Information Act case against the "Department of Government Efficiency" and the Office of Management and Budget seeking communications involving Elon Musk and his key staff.
This case concerns a legal battle over government transparency and access to public records. On February 11, 2025, American Oversight, a nonpartisan nonprofit committed to promoting transparency in government, filed a lawsuit against the U.S. Department of Government Efficiency, the U.S. DOGE Service, the U.S. DOGE Service Temporary Organization, the U.S. Digital Service, and the Office of Management and Budget (OMB) in the United States District Court for the District of Columbia. The lawsuit, brought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeks to compel the defendants to produce records related to communications involving Elon Musk and his key staff. American Oversight is represented by in-house counsel, including Elizabeth Haddix and David Kronig. This case is ongoing.
In November 2024, following the U.S. presidential election, then-President-elect Donald Trump announced that Elon Musk would lead a newly formed entity, the Department of Government Efficiency (DOGE). The purpose of this department was initially unclear, with concerns about whether it functioned as a government agency or a private advisory group. On January 20, 2025, Trump issued Executive Order No. 14158, which formally established DOGE and restructured the U.S. Digital Service (USDS) into the U.S. DOGE Service. This order also created a temporary organization within USDS tasked with implementing the administration’s technology and efficiency agenda over the next 18 months. Despite being classified as a government agency under 5 U.S.C. § 552(f)(1), DOGE’s operations were allegedly shrouded in secrecy. Reports surfaced that DOGE officials, including Musk, had gained access to sensitive government systems, engaged in policy decision-making, and issued direct orders to federal employees, raising concerns about executive overreach and unauthorized influence.
On January 30, 2025, American Oversight submitted two FOIA requests to the U.S. DOGE Service and OMB: IG Key Terms Request (Tracking No. OMB-25-0252) – Seeking internal communications related to the sudden removal of inspectors general from 17 federal agencies. IG Communications Request (Tracking No. OMB-25-0253) – Requesting records of communications between DOGE officials and members of Congress regarding these firings.
American Oversight’s complaint alleged that the abrupt terminations of inspectors general across multiple federal agencies raised serious concerns about government integrity and potential misconduct. In response, the organization submitted FOIA requests seeking records related to these dismissals and requested expedited processing under 5 U.S.C. § 552(a)(6)(E)(i). Despite the statutory requirement for a prompt response, the Office of Management and Budget (OMB) acknowledged receipt of the requests on January 31, 2025, but failed to issue a determination within the required timeframe. Meanwhile, between January and early February 2025, officials from the newly established Department of Government Efficiency (DOGE) were reported to have gained unauthorized access to at least 15 federal agencies, including USAID and the Treasury Department. DOGE personnel allegedly froze funding and reduced staffing at USAID, prompting Judge Carl Nichols to issue a temporary injunction on February 7, 2025 (Am. Foreign Service Assoc. v. Trump, 25-cv-352, ECF No. 15). The group also reportedly accessed the Treasury Department’s financial systems, leading to an emergency injunction by Judge Paul Engelmayer, and took control of human resources and financial operations at the Consumer Financial Protection Bureau (CFPB), raising concerns that it was systematically dismantling regulatory agencies. Further compounding transparency concerns, DOGE officials allegedly used encrypted and ephemeral messaging platforms like Signal and Slack, potentially in violation of federal record-keeping laws. In response to these developments, on January 22, 2025, American Oversight sent a formal preservation letter to Elon Musk, reminding him of DOGE’s legal obligations under the Federal Records Act. The complaint alleges that the defendants’ failure to process the FOIA requests in a timely manner violated FOIA regulations.
Through this complaint, American Oversight sought a court order compelling the defendants to expedite processing, a declaratory judgment affirming that the requested records must be disclosed, and injunctive relief to ensure FOIA compliance. Additionally, the plaintiff requests attorneys’ fees and litigation costs under 5 U.S.C. § 552(a)(4)(E).
On March 5, 2025, Judge Beryl A. Howell issued a Standing Order in American Oversight v. U.S. Department of Government Efficiency, et al., Civil Action No. 25-409 (BAH), pending in the United States District Court for the District of Columbia. The order outlines procedural requirements for case management, including deadlines for filings, discovery procedures, and motion practices. It mandates the submission of a Joint Meet and Confer Report within 14 days of the defendants’ answer and sets specific rules for handling FOIA cases, emphasizing judicial efficiency and compliance with procedural obligations. This order signals that the case is actively progressing through its pretrial stages.
The case remains ongoing.
Summary Authors
Karma Karira (2/25/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69630062/parties/oversight-v-efficiency/
Haddix, Elizabeth (District of Columbia)
Kronig, David (District of Columbia)
Bardo, John (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69630062/oversight-v-efficiency/
Last updated April 21, 2025, 3:57 p.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (DOGE Status/Information Access)
Key Dates
Filing Date: Feb. 11, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
American Oversight is a nonpartisan, nonprofit watchdog organization dedicated to government transparency and accountability.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Government Efficiency (- United States (national) -), Federal
U.S. Digital Service (- United States (national) -), Federal
Office of Management and Budget (OMB) (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: