DOGE could be forced to release its records under a new court ruling that highlights the group’s ‘unusual secrecy’

• DOGE has been ordered to release some records by US District Judge Christopher Cooper.
• He wrote in a 37-page opinion memorandum that DOGE was operating rapidly but with "unusual secrecy."
• He's now instructed the agency to comply with FOIA requests from a watchdog nonprofit.

A federal judge has ordered Elon Musk's Department of Government Efficiency to release some of its records publicly, citing its "unprecedented" authority and the "unusual secrecy" with which it operates.

US District Judge Christopher Cooper instructed DOGE to comply with three Freedom of Information Act requests from a nonprofit that asked for details about the agency's role in "spearheading the mass firings and dramatic disruptions to federal programs."

In a 37-page opinion memorandum on Monday, Cooper wrote that the "public would be irreparably harmed by an indefinite delay" in the FOIA requests.

He told DOGE to deliver the requested information quickly and "begin producing documents on a rolling basis as soon as possible."

Cooper's decision is the first major legal ruling that has sought to pry open DOGE's operations for the public. His memo mainly cited news reports and social media statements from Musk and President Donald Trump.

Still, the ruling can be appealed.

In his note, Cooper wrote that DOGE's actions "demonstrate its substantial authority over vast swaths of the federal government."

The judge wrote that DOGE appeared to have access to much of the government's IT systems, allowing it to act and move quickly.

"But the rapid pace of USDS's actions, in turn, requires the quick release of information about its structure and activities," he added, citing the agency as the US DOGE Service.

Since Trump took office in January, DOGE's mandate has been to ax government spending in the name of efficiency. As part of that effort, it's canceled most USAID programs and fired thousands of federal employees.

Data released this month by Challenger, Gray & Christmas showed that job cuts in the federal government had reached 172,017 in February alone — the highest monthly level since the pandemic spurred a wave of layoffs in June 2020.

DOGE estimates it's saved $105 billion so far, but its tallies aren't definitive. The agency has repeatedly deleted or lowered the amount saved in some of its reports by billions of dollars.

In his memo, Cooper cited multiple concerns with how DOGE was working, writing that it operates with "unusual secrecy."

Cooper referred to several news reports, such as a piece from The New York Times that found DOGE employees were operating on auto-deleting messaging apps like Signal.

"Moreover, the authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented," he wrote.

In line with Cooper's order for DOGE to release its records, the judge also instructed it to preserve all records that might be related to the nonprofit's FOIA request.

The nonprofit, Citizens for Responsibility and Ethics in Washington, is a watchdog organization that focuses on the government's ethics and transparency.

On Monday, CREW's executive director said the organization was "grateful for Judge Cooper's decision."

"Now more than ever, Americans deserve transparency in their government," said Donald Sherman. "Despite efforts and claims to the contrary, the government cannot hide the actions of the US DOGE Service."

Representatives of DOGE and the Justice Department did not immediately respond to requests for comment from Business Insider, sent outside regular business hours.