I'm Suing DOGE

The First Amendment Coalition (FAC) and MSW Media have filed a Freedom of Information Act (FOIA) lawsuit against the U.S. DOGE Service for its failure to respond to FOIA requests

Since President Donald Trump’s inauguration, Musk and DOGE have sought to remake the federal government through layoffs at dozens of agencies and have attempted to completely eliminate others, such as USAID. Yet DOGE itself, from how it is staffed to how it makes its decisions and carries out its actions, is largely a mystery. Attempts to uncover the how and why behind DOGE have been met with stonewalling.

In the current environment of capitulation, we feel it’s important to take a stand. Watching firms like Paul, Weiss and Skadden Arps offer tens of millions of dollars in legal work to the Trump administration must feel like a gut punch to their clients who expect them to stand up to a shakedown. And seeing media outlets like ABC, The Washington Post, Paramount/CBS bend the knee has also been a betrayal of the public trust. That leaves it up to the rest of us to take a stand.

On February 11th, I sent a Freedom of Information Act request to DOGE for emails. They had 30 days to respond and failed to do so. That’s why today, MSW Media and the First Amendment Coalition (who also filed a FOIA request with DOGE that went ignored) are asking a court to order DOGE to respond to our requests.

In an earlier lawsuit against DOGE, government lawyers asserted that DOGE is not an agency covered by FOIA because it is a “component” of the Executive Office of the President that merely “reports to the White House Chief of Staff.” Our lawsuit seeks to refute this claim, listing ample evidence that its actions are those of an agency with substantial authority independent of the president, and that Musk is in charge of DOGE.

“The American people have the right to know how the richest man in the world has come to wield such enormous power and influence within the federal government,” said FAC Executive Director David Snyder. “The public deserves — and FAC is demanding — answers.”

Musk and Trump can’t have it both ways. DOGE is either an executive agency subject to the appointments clause and FOIA transparency, or it’s not. They want to hide their corruption from the public. It’s the same reason the cabinet members were using disappearing Signal messages to discuss classified war plans: because they don’t want a record of what they’ve done. We can’t let that stand. From the lawsuit:

On 12 January 2025, the New York Times reported, citing “people who have insight into DOGE’s operations,” “The goal is for most major agencies to eventually have two DOGE representatives.” This report added that “the minority of people not detailed to agencies would be housed within the Executive Office of the President at the U.S. Digital Service” and that “DOGE is also expected to have an office in the Office of Management and Budget.” This report also noted, “People involved in the operation say that secrecy and avoiding leaks is paramount, and much of its communication is conducted on Signal, the encrypted messaging app.”

We are asking the court to:

(1) Declare and find that the United States DOGE Service is an agency subject to FOIA;

(2) Order USDS to release all requested records to them;

(3) Order preliminary and permanent injunctive and/or declaratory relief as may be appropriate;

(4) Award reasonable costs and attorneys’ fees as provided in 5 U.S.C. § 552(a)(4)(E), 28 U.S.C. § 2412(d), or any other applicable law;

(5) Expedite this action in every way pursuant to 28 U.S.C. § 1657(a); and (6) Grant such other relief as the Court may deem just and proper.

Kel McClanahan of National Security Counselors is representing MSW Media and the First Amendment Coalition, and the suit has been filed in the U.S. District Court for the Northern District of California. You can read the filing here.

“Whether it’s discussing a bombing run in a Signal group or playing musical office suites in a vain attempt to avoid FOIA, the Trump administration has unequivocally demonstrated that they are pathologically allergic to accountability and transparency,” said McClanahan. “Our goal is to send a message for once and for all that running the federal government is not a game.”

Many have asked how you can help. First, send good vibes! Second, you can donate to National Security Counselors directly for their work. We don’t have $100M like Skadden Arps, or $40M like Paul, Weiss. We don’t have $15M like ABC and Disney or the $22M Trump extracted from Zuckerberg. We’re small potatoes. It’s David and Goliath time. So every bit helps. I will personally be making a donation myself at https://www.nationalsecuritylaw.org/donate

~AG