DOGE-Related FOIA Requests to Be Prioritized by Judge for Speedy Processing
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Ever considered the humor-filled, scathing ruling of Judge Christopher R. Cooper? He's the one who decided that the Department of Government Efficiency (DOGE), aka the United States Digital Service (USDS), is indeed subject to Freedom of Information Act (FOIA) requests.
This ruling, published by Court Watch on March 14 following the court's decision on March 10, marks a part of an ongoing skirmish between the watchdog group Citizens for Responsibility and Ethics in Washington (CREW), DOGE, and the Office of Management and Budget.
CREW, a non-profit organization that's dedicated to ensuring American democracy remains transparent by employing bold legal actions and in-depth investigations, sent three FOIA requests to the Office of Management and Budget in December and January. They wanted to learn about the contact between DOGE and seek basic information about the new government agency.
While FOIA requests might ordinarily take years to extract from government agencies, requesters can demand they be processed quickly when there's a strong public interest. The Office of Management and Budget agreed to do so, but DOGE argued that it isn't an "agency" subject to FOIA.
Judge Cooper, however, wasn't having it. He dismissed DOGE's argument, stating that their claim of being a non-entity subject to FOIA was bunk. After all, as he put it, an indefinite delay in unearthing the records CREW seeks would cause irreparable harm to the public.
To expedite the process, Cooper ordered USDS to process CREW's request on an expedited timetable. He also demanded that both agencies preserve all records that may be responsive to CREW's FOIA requests. This isn't merely a polite request; Cooper expressed doubts about the legal know-how of some of USDS's staff members.
The ruling delves into the intricacies of DOGE's legal status. According to the FOIA legislation, an "agency" is "includ [ing] any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President)."
If DOGE's sole responsibility was to advise and assist the President, it could have claimed exemption from FOIA requests. However, if DOGE has wielded significant authority independently of the President, FOIA would consider it an agency. The court believes that CREW is likely to prove that DOGE is an "agency."
Cooper provided three reasons for this belief. First, the relevant executive orders seem to bestow substantial authority upon USDS. Second, Elon Musk and President Trump's public statements suggest that USDS is in fact exercising substantial independent authority. Lastly, the EO gave DOGE authority, Musk and Trump had bragged about the authority, and DOGE had demonstrated the authority through real actions such as shutting down USAID and putting thousands of government employees on administrative leave.
Judge Cooper's ruling suggests that DOGE has been less than cooperative during the proceedings. When asked to defend itself before the court, DOGE declined, stating that CREW's arguments failed for "multiple independent reasons" without providing any concrete evidence. In response, Judge Cooper stated that DOGE could not escape the consequences of refusing to dispute any of CREW's allegations suggesting that USDS is acting with substantial independent authority.
In conclusion, Cooper ruled that it's likely that USDS qualifies as an "agency" for the purposes of FOIA. Though getting the documents to Congress before the budget fight wouldn't make a significant difference, obtaining the records quickly is essential due to USDS's swift pace of operations and the secrecy it maintains.
- The ruling by Judge Christopher R. Cooper has highlighted the true significance of tech-driven organizations like the United States Digital Service (USDS) in the future of government technology.
- In a true exercise of power, Judge Cooper has ordered USDS to expedite the FOIA request made by Citizens for Responsibility and Ethics in Washington (CREW), demonstrating the court's concerns about the secrecy USDS maintains.
- In his scathing ruling, Judge Cooper questioned the legal knowledge within USDS, expressing doubts about whether they understand the implications of their actions under the Freedom of Information Act (FOIA).
- The court's decision has revealed a potential shift in the tech landscape of the US government, with executive orders revealing that USDS wields substantial independent authority – a departure from the traditional tech landscape that may impact the technology sector of the future.