DOGE scores big court win, allowed access data on 3 federal agencies

A federal judge in Washington has made a decision in favor of Elon Musk’s government efficiency team, declining a request to temporarily block them from accessing sensitive data from three federal agencies. Unions and nonprofits had attempted to stop Musk’s Department of Government Efficiency (DOGE) from accessing records at the Departments of Labor, Health and Human Services, and the Consumer Financial Protection Bureau.

U.S. District Judge John Bates, appointed by President George W. Bush, wrote in an opinion that the government was likely correct in categorizing DOGE as an agency, allowing it to detail its staff to other government departments. However, Bates noted that the government did not want DOGE to be considered an agency for purposes of another federal law, which would subject it to open records requests.

Bates referred to DOGE as a “Goldilocks entity,” stating that it was not an agency when burdensome but an agency when convenient. He mentioned that plaintiffs had not shown a substantial likelihood that DOGE is not an agency, allowing it to detail its employees to other agencies under the Economy Act.

DOGE, a key promise of President Donald Trump’s reelection campaign, aims to slash government waste when it comes to government spending. The newly created agency, established through an executive order, is a temporary organization within the White House set to carry out its mission over 18 months.

The Justice Department argued that DOGE personnel are “detailed” U.S. government employees with access to information under provisions of the Economy Act. Musk celebrated the decision by reposting the news with the caption “LFG,” demonstrating his excitement.

Judge Bates expressed that DOGE’s creation and hierarchy were “odd,” pointing out that it was designed to avoid the Office of Management and Budget and instead answer to the chief of staff of the president. Despite efforts to distance itself from being classified as an agency, Bates concluded that DOGE is indeed an agency.

Attorneys representing unions raised concerns during the hearing about DOGE potentially accessing protected agency information, including financial and medical records of millions of Americans, as well as employee safety and workplace complaints. They argued that allowing DOGE access to this information could have a chilling effect on employees coming forward.

The plaintiffs had requested a temporary block on DOGE’s access to information to force the agency to implement a more thoughtful process. Separately, a federal judge extended a temporary order blocking DOGE from accessing payment systems within the Treasury Department following a lawsuit filed by 19 state attorneys general.

Overall, the decision by the federal judge in Washington marks a win for Musk’s government efficiency team, allowing them to continue their mission of cutting government waste. The case highlights the complexities surrounding the classification of DOGE as an agency and the potential implications of granting access to sensitive government data.