The DC Circuit Court of Appeals unanimously denied the Department of Government Efficiency’s latest attempt to prevent discovery in Citizens for Responsibility and Ethics in Washington’s lawsuit against DOGE brought under the Freedom of Information Act and Federal Records Act in an order issued today. The panel that issued the order consisted of judges appointed by presidents of both parties. Following this decision, CREW Executive Director and Chief Counsel Donald K. Sherman released the following statement: 

“We appreciate the appeals court’s decision, which maintains that DOGE must provide much needed—and long overdue—information on its structure and operations. This is a significant win for transparency and accountability. Even though DOGE may appear to have a lessened role now than at the start of the second Trump administration, it still exists, and it has had an unprecedented impact on the federal government and civil service, including gutting crucial services Americans rely on. We will continue to fight until the American people have the information about DOGE and their government that they are legally entitled to.”

Under the appeals court’s order, CREW is entitled to the depositions of Acting DOGE Administrator Amy Gleason and another DOGE representative, as well as documents and sworn answers to CREW’s written questions. These materials will help establish whether DOGE is an agency subject to FOIA or the Federal Records Act, which DOGE has denied. Discovery will remain paused for at least 90 days to allow the government the opportunity to appeal to the Supreme Court.