Musk's Team Must Produce Documents to Comply With Open Records Laws, Judge Says
Last edited Tue Mar 11, 2025, 06:42 AM - Edit history (2)
Source: New York Times
Musk's Team Must Produce Documents to Comply With Open Records Laws, Judge Says
A federal judge in Washington ordered Elon Musk's team and the Office of Management and Budget to begin releasing internal documents "as soon as practicable."
Elon Musk and his team are likely subject to open records laws, a judge ruled, despite the White House's efforts to insulate them from public records requests. Haiyun Jiang for The New York Times
By Zach Montague and Minho Kim
Reporting from Washington
March 10, 2025
A federal judge found on Monday that Elon Musk's government-cutting unit is likely subject to public disclosure laws and must promptly turn over documents to a group that had sued for access to its internal emails.
In his order, Judge Christopher R. Cooper of the United States District Court for the District of Columbia wrote that the Department of Government Efficiency Mr. Musk leads had all the hallmarks of an agency that would typically be subject to laws like the Freedom of Information Act. He said Mr. Musk's team appeared to be exercising "substantial authority over vast swathes of the federal government," much greater than other federal agencies that are subject to the law. ... Judge Cooper required both Mr. Musk's team and the Office of Management and Budget to turn over email correspondence between their offices that the group suing had requested, and to "begin producing documents on a rolling basis as soon as practicable."
The lawsuit, brought by Citizens for Responsibility and Ethics in Washington, or CREW, had asked the court to compel those agencies to turn those records over by Monday, a time frame the judge said was unrealistic. It had argued that the group's internal records were of extreme interest to the public as Mr. Musk and his associates have planned cuts and layoffs largely in secret while laying waste to vast sections of the federal government.
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When CREW filed a public records request law under the law, DOGE denied the filing, claiming that it is not an agency but a presidential records entity exempted from the open records law. ... But Judge Cooper found it more likely that Mr. Musk's team has acted as an agency conducting its own operations than as a mere advisory entity to the president. ... President Trump's executive order establishing Mr. Musk's office gave it "a defined staff," Judge Cooper wrote, adding that it "is likely exercising substantial independent authority."
Zach Montague is a Times reporter covering the U.S. Department of Education, the White House and federal courts. More about Zach Montague
https://www.nytimes.com/by/zach-montague
Minho Kim covers breaking news and climate change. He is based in Washington. More about Minho Kim
https://www.nytimes.com/by/minho-kim
Read more: https://www.nytimes.com/2025/03/10/us/politics/musk-doge-foia-lawsuit.html
Reposted by Daniel Knowles
https://bsky.app/profile/dlknowles.bsky.social
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Josh Marshall @joshtpm.bsky.social
https://bsky.app/profile/joshtpm.bsky.social
·
7h
This is a very positive development. may the skids be greased with Elon's tears.
Kyle Cheney @kyledcheney.bsky.social
·https://bsky.app/profile/kyledcheney.bsky.social
8h
NEWS: A federal judge has ordered the urgent release of DOGE records, citing the office's "unprecedented" power and "unusual secrecy."
Judge Cooper wants "rolling" productions of records to begin within weeks. Details TK
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0511-18
https://bsky.app/profile/kyledcheney.bsky.social/post/3lk2yllnjtk26
= new reply since forum marked as read
