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“Unprecedented power and secrecy”: Court ruling forces DOGE to disclose staff and records

Jacob Shelton March 13, 2025

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(Image Credit: IMAGN) Elon Musk arrives at the Conservative Political Action Conference at the Gaylord National Resort and Convention Center in National Harbor, Maryland on February 20, 2025 at the Gaylord National Resort & Convention Center.

Washington D.C. – A federal judge has ordered Elon Musk and his controversial Department of Government Efficiency (Doge) to turn over records revealing the identities of staffers and internal documents related to their efforts to drastically cut federal spending and programs.

The ruling, issued by U.S. District Judge Tanya Chutkan, comes as part of a lawsuit filed by 14 Democratic state attorneys general, who argue that Musk has been wielding government powers that should only belong to Senate-confirmed officials. The lawsuit challenges the constitutionality of Musk’s role and his influence over federal decision-making.

In her 14-page ruling, Chutkan stated that the requested documents would help clarify the extent of Musk’s authority within the government and determine whether Doge’s actions should be halted. While the ruling compels Musk to release documents, it does not include depositions or direct questioning of Musk and his team. Additionally, the order does not apply to former President Donald Trump, who appointed Musk to his government role.

For weeks, Musk has avoided disclosing details about how Doge operates, including its staff structure and decision-making processes. Officially, Musk holds the title of “special government employee”, which exempts him from public financial disclosure requirements. The White House has defended Musk’s position, at times describing him as a senior adviser to the president without formal decision-making power. However, this contradicts Trump’s own public statements, in which he has credited Musk with leading significant budget cuts and restructuring efforts across federal agencies.

At the center of the legal battle is a constitutional provision stating that “principal officers” of the government—those with significant authority—must be nominated by the president and confirmed by the Senate. Despite Musk not being Senate-confirmed, Doge has taken aggressive action, ordering deep cuts to federal agencies and programs. The U.S. Agency for International Development (USAID) has been shut down, and drastic reductions have been made to the Department of Education, Environmental Protection Agency (EPA), and Veterans Affairs (VA).

These actions have fueled concerns that Musk has been acting beyond his legal authority, leading to calls for transparency. The White House has attempted to shield Musk’s records by invoking executive privilege, arguing that his role as an adviser protects certain documents from disclosure. However, Judge Chutkan rejected this argument, ruling that the document requests were not overly broad and did not impose an excessive burden on the executive branch.

This ruling marks the second legal defeat for Doge in recent days. In a separate case, U.S. District Judge Christopher Cooper ruled that Doge’s actions and decision-making must be subject to public records laws, citing its “unprecedented” power and secrecy. The ruling stemmed from a lawsuit filed by a liberal watchdog group, which sought access to thousands of pages of internal Doge communications and policy decisions.

With mounting legal challenges and growing scrutiny over its operations, Doge now faces increasing pressure to reveal how it has been restructuring the federal government behind closed doors.

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