WASHINGTON, D.C. — A nonpartisan watchdog group, the Project on Government Oversight (POGO), has filed a lawsuit against President Trump, the Department of Government Efficiency (DOGE), and its administrator, arguing that DOGE’s operations should be subject to public records requests under the Federal Records Act (FRA)—not protected by the Presidential Records Act (PRA) as the administration claims.
The lawsuit, filed in the U.S. District Court for the District of Columbia, challenges DOGE’s classification under the PRA, which could potentially seal its records for up to 12 years after Trump leaves office. This could effectively shield DOGE’s actions from public scrutiny for more than a decade, despite its wide-reaching influence across federal agencies.
Why Is DOGE Being Sued?
The core of POGO’s argument is that DOGE operates more like a federal agency than a presidential advisory body. According to Danielle Brian, executive director of POGO:
“Because Elon Musk and DOGE have been granted sweeping access to federal agencies, the records of their activities should both be well-preserved and made available to the public.”
Key points from the lawsuit include:
- DOGE has gained access to sensitive government data, including information from agencies like the IRS, Social Security Administration (SSA), and Department of Homeland Security (DHS).
- DOGE is exercising substantial authority typically reserved for federal agencies, including recommending terminations of federal employees and restructuring entire departments.
- Americans should be allowed to request DOGE’s records under the Freedom of Information Act (FOIA) since its activities directly influence government operations.
What Is the Presidential Records Act (PRA) Defense?
DOGE has been classified under the Presidential Records Act (PRA) after being reorganized under the Executive Office of the President, according to DOGE adviser Katie Miller, who posted on X (formerly Twitter) that DOGE’s actions are now considered presidential records.
Under the PRA:
- The president has broad discretion over what qualifies as a presidential record.
- Records can remain sealed for up to 12 years after the president leaves office.
- The public can only request access to these records five years after a president leaves office unless access is restricted further by presidential order.
Why POGO Argues DOGE Falls Under the Federal Records Act (FRA)
POGO contends that DOGE’s activities extend far beyond the typical advisory role associated with presidential staff and should fall under the Federal Records Act (FRA), which governs how government agencies create, preserve, and disclose records.
Under the FRA:
- Agencies must preserve records related to their official functions.
- Most records are subject to public disclosure through FOIA requests unless specific exemptions apply (e.g., national security).
- It promotes transparency and accountability for government actions impacting the public.
“The Trump administration has inappropriately tried to hide DOGE’s actions from the public by declaring it is subject to the Presidential Records Act, and the courts must intervene,” Brian said.
Elon Musk’s Role in DOGE: De Facto Leader?
The lawsuit also highlights Elon Musk’s unusual influence over DOGE’s operations. While an official DOGE administrator has not been publicly named, POGO’s filing argues that:
- Musk has “functionally assumed leadership” of DOGE, directing key decisions and policy shifts.
- Musk’s dual role as both DOGE’s unofficial leader and CEO of SpaceX raises serious concerns about conflicts of interest regarding government contracts and policy decisions.
A Second Lawsuit: American Oversight Challenges DOGE’s Secrecy
In a separate legal challenge, American Oversight, another watchdog group, has filed its own lawsuit against DOGE, seeking records of Musk’s communications related to the termination of federal employees across various agencies. Their lawsuit questions DOGE’s claim of PRA protection and demands:
- All communications involving Musk and DOGE’s influence over staffing decisions.
- Full transparency over DOGE’s role in federal employee layoffs and restructuring efforts.
What’s at Stake? Transparency vs. Secrecy
The outcome of these lawsuits could set a significant legal precedent for future administrations and presidential advisory bodies. Key issues at stake include:
- Public access to government records affecting federal policies and staffing decisions.
- Oversight of executive power, particularly concerning non-traditional government entities like DOGE.
- Accountability for decisions made by individuals like Musk, who wield influence without holding formal government positions.
If DOGE remains classified under the PRA, its actions could remain hidden from public scrutiny until 2037 or later—raising serious concerns about the transparency of government decisions affecting millions of Americans.
What Happens Next?
The lawsuits are still in their early stages, and court rulings could take months—or even years—to resolve. Key developments to watch:
- Whether the court will rule that DOGE’s actions fall under the Federal Records Act rather than the Presidential Records Act.
- Potential congressional hearings if the lawsuits gain traction and public pressure increases for government transparency.
- The response from the White House and DOGE officials, who have so far declined to comment.
