DOJ Asks Judge to Pause Order Allowing Watchdog to Depose DOGE Administrator

The Department of Government Efficiency (DOGE), a controversial pseudo-agency linked to Elon Musk and established during the Trump administration, is pushing back against a court order that demands greater transparency. The U.S. Department of Justice, on DOGE’s behalf, filed a motion late Thursday to halt discovery efforts stemming from a Freedom of Information Act (FOIA) lawsuit initiated by Citizens for Responsibility and Ethics in Washington (CREW). CREW’s lawsuit aims to uncover the internal workings of DOGE, which it accuses of operating without proper oversight or transparency. U.S. District Judge Christopher Cooper recently ruled in favor of CREW, requiring DOGE to comply with specific FOIA requests, turn over certain documents, and allow a key official, Administrator Amy Gleason, to sit for a deposition.

Government Pushes for Emergency Relief

Following the judge’s ruling, the Department of Justice quickly responded, filing a motion to stay the discovery order while it prepares a rare mandamus petition to the D.C. Circuit Court of Appeals. A mandamus petition is not a standard appeal but a special legal maneuver that asks a higher court to override or reverse a lower court’s directive. The DOJ argued that compelling Gleason—a senior official within the Executive Office of the President—to participate in discovery and a deposition would significantly interfere with executive operations. The motion emphasized that Gleason’s role is too high-ranking for such legal demands without compelling justification. “Expedited discovery itself is an exception,” the motion reads, “and the depositions of high-ranking government officials are an even greater exception.”

DOGE Claims Compliance Would Be Overwhelming

The government insists that complying with the court’s order would be overly burdensome and potentially harmful. According to the motion, DOGE would have just five days to identify and produce potentially thousands of pages of internal recommendations and communications. On top of that, they would need to process 1,000 pages of FOIA documents, even as the legal status of DOGE under FOIA remains disputed. The motion claims this level of effort would strain the agency’s limited resources and possibly expose sensitive information before a final determination on whether DOGE is even subject to FOIA. “To require this production now would result in irreparable harm,” the DOJ argued, “especially if the appeals court later vacates or narrows the discovery order.”

CREW’s Response and What’s Next

Judge Cooper has directed CREW to respond to the government’s motion by Friday, setting the stage for a fast-moving legal showdown. The watchdog group, known for its efforts to increase government accountability, strongly opposes the requested stay. DOGE, meanwhile, is prepared to escalate the matter directly to the D.C. Circuit if the district court doesn’t grant immediate relief. Their goal is to avoid any premature disclosures or participation in discovery that could be deemed unnecessary if the appeals court sides with them. As the legal battle continues, the case is shaping up as a test of executive privilege, FOIA applicability, and the limits of transparency in a shadowy corner of government bureaucracy