Filed Date: April 23, 2025
Case Ongoing
Clearinghouse coding complete
This case challenges the Trump Administration’s Department of Government Efficiency (DOGE) for using ephemeral platforms (e.g., Signal) and collaborative tools (e.g., Google Docs) to conduct official business without adequate preservation, allegedly violating the Federal Records Act (FRA) and the Freedom of Information Act (FOIA). American Oversight--a nonpartisan nonprofit focused on transparency--filed this suit under the FOIA and Administrative Procedure Act (APA). They allege inadequate preservation and wrongful withholding of non-exempt records, seeking orders requiring preservation and recovery of federal records and compliance with FOIA. Filed April 23, 2025, in the U.S. District Court for the District of Columbia, the case names DOGE (including USDS and the USDS Temporary organization), DOGE leaders (including Elon Musk), the National Archives and Records Administration (NARA), and its Acting Archivist, Marco Rubio, as defendants.
On July 1, 2025, Defendants moved to dismiss, arguing that DOGE (officially the United States DOGE Service, or USDS) is not an "agency" sufficiently independent of the President to be subject to FOIA; that Plaintiff has no private right of action under the FRA; that claims against NARA are conclusory; and that FOIA's exclusive remedy provisions bar APA claims. On July 22, 2025, plaintiff filed an amended complaint. The complaint preserved the parties and claims but significantly expanded the factual allegations about DOGE's structure, operations, and record-keeping practices.
After the amendment, Defendants moved on August 5, 2025, to stay proceedings pending a final decision in CREW v. U.S. DOGE Service on whether USDS/DOGE is a FOIA "agency." This motion referenced other DOGE FOIA/FRA cases that had been stayed and indicated they intend to refile a motion to dismiss. Plaintiff opposed on August 19, arguing that a stay is an extraordinary remedy under Landis, would be indefinite and prejudicial by delaying FOIA relief and risking ongoing loss of records under the FRA, and that CREW is still in the discovery process rather than a merits determination. Defendants replied on September 9 and filed a notice of supplemental authority on September 12. The stay motion is fully briefed and pending.
As of November 22, 2025, this case is ongoing.
Summary Authors
Matt Petrillo (7/31/2025)
Clay Canady (9/22/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69930055/parties/american-oversight-v-us-department-of-government-efficiency/
Contreras, Rudolph (District of Columbia)
Haddix, Elizabeth (District of Columbia)
Kronig, David (District of Columbia)
Swomley, Joanna (District of Columbia)
Eckrote, Kaitlin Kerry (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69930055/american-oversight-v-us-department-of-government-efficiency/
Last updated Dec. 24, 2025, 3:14 a.m.
State / Territory:
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
Key Dates
Filing Date: April 23, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
American Oversight, a nonpartisan nonprofit committed to vindicating the American public's right of access government records.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Government Efficiency (- United States (national) -), Federal
National Archives and Records Administration (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
District of District of Columbia 1:25-cv-01251
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Presidential/Gubernatorial Authority: