Chief Justice John Roberts has granted a request from the Trump administration to temporarily halt a lower court order requiring the Department of Government Efficiency (DOGE) to release documents sought under the Freedom of Information Act (FOIA).
In a brief, one-page order issued on Friday, Roberts granted an administrative stay “pending further order of the undersigned or of the Court.” This action temporarily suspends two discovery orders issued by U.S. District Judge Christopher Cooper in April and earlier this week.
Solicitor General D. John Sauer, representing the Trump administration, argued in a 38-page emergency application to the Supreme Court that the district court had ordered DOGE to submit to overly broad and intrusive discovery simply to determine if the agency is even subject to FOIA. Sauer contended that this order effectively reversed the standard FOIA process, potentially granting the plaintiff, Citizens for Responsibility and Ethics in Washington (CREW), a premature victory in their suit.
The Chief Justice’s order suspends a planned deposition of Amy Gleason, the titular U.S. DOGE Service Administrator. Additionally, DOGE will no longer be required to produce documents or answer limited questions posed by CREW, a nonpartisan government watchdog group.
The underlying lawsuit involves CREW’s efforts to enforce FOIA requests against DOGE, an organization within the Trump administration focused on governmental fraud and waste. DOGE has consistently argued that it is not an agency subject to FOIA.
Judge Cooper, however, has disagreed with this assertion. He issued several rulings directing the entity, which identifies itself as a “presidential advisory body within the Executive Office of the President,” to share information with the plaintiffs, starting in March. The government has vigorously contested these rulings, seeking to keep DOGE’s internal operations private.
The Trump administration had previously obtained an administrative stay of Cooper’s April order from the District of Columbia Circuit Court of Appeals. However, the appellate court subsequently dissolved its own stay, allowing limited discovery to proceed.
On Wednesday, the government reiterated its argument that DOGE is clearly not an “agency” under FOIA, citing its “purely advisory” authority. Sauer pointed to various presidential documents outlining DOGE’s advisory role, including directives to “consult” and “coordinate” with government officials to “identify” solutions. The application asserted that these advisory functions do not constitute the independent authority necessary for a presidential advisory body to be considered an “agency” under FOIA.
In its 47-page response to the emergency application, CREW alleged that the government was misrepresenting the situation. CREW argued that the government’s stay application was not truly about seeking relief from the district court’s limited discovery order, but rather aimed at obtaining a ruling on the central question of whether the United States DOGE Service operates as an “agency” subject to FOIA.
The nonprofit organization argued that the core issue was whether the appellate court erred in upholding the district court’s order allowing limited discovery to determine DOGE’s agency status.
Both CREW and the government, therefore, contend that the merits of the case are being addressed prematurely. CREW suggests the government is hiding its arguments on the merits within a challenge to discovery, while the government argues that Judge Cooper effectively decided the merits in CREW’s favor by granting discovery.
Chief Justice Roberts’ order does not offer any opinion on the merits of the case. However, the unequivocal pause on the legal proceedings, without any indication of when or if it will be lifted, represents a notable, if temporary, victory for the Trump administration.
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