Why US Judge wants DOGE to preserve its work records
What's the story
A federal judge in Washington said he'll likely order Elon Musk's Department of Government Efficiency (DOGE) to preserve records of its activities, amid allegations that staff are using an encrypted messaging platform to communicate.
At a hearing on Friday, US District Judge Christopher Cooper told a Trump administration lawyer that DOGE should assume that a forthcoming preservation order would immediately apply to its work.
Legal proceedings
Lawsuit demands DOGE compliance with records requests
Separately, Judge Cooper is presiding over a lawsuit demanding DOGE comply with all records requests by a watchdog group.
The group claims that Musk and his team are working "in the shadows" to dismantle the federal bureaucracy.
Cooper hasn't yet ruled on whether DOGE, which President Donald Trump created within the executive branch right after taking oath, must comply with a federal transparency law.
Transparency demands
Citizens for Responsibility and Ethics in Washington's lawsuit
Citizens for Responsibility and Ethics in Washington (CREW) is suing to enforce its demands for documents and information about DOGE, from both the US DOGE Service and the Office of Management and Budget.
The group pressed for an order ahead of upcoming budget negotiations in US Congress, arguing the public has an urgent need to understand DOGE's role in spending decisions.
Legal debate
Trump administration argues for exemption from Freedom of Information Act
The Trump administration is arguing that the US DOGE Service is exempt from the federal Freedom of Information Act, which gives members of the public a right to see communications as well as other records created by federal agencies.
However, the law does not apply to certain offices within the White House that serve a purely advisory role.
During yesterday's hearing, Justice Department lawyer Andrew Bernie said that DOGE had "no authority independent of the president."
Preservation request
CREW seeks preservation order for DOGE's records
CREW had asked Judge Cooper for the preservation order for DOGE's records based on news reports about Musk's team members using the encrypted Signal app to communicate.
Bernie said that the DOGE office was governed by the Presidential Records Act, which already included need to maintain documents.
When Cooper said that law might not be enforceable, Bernie replied that didn't change the fact that it still carried obligations.
Communication inquiry
Judge Cooper questions DOGE's communication practices
Judge Cooper asked Bernie to provide the court with any assurances that no DOGE staff is currently using Signal or otherwise deleting potentially relevant communications.
Bernie replied he couldn't "represent what other people are doing," but could "certainly talk to my clients and see if there's any assurances we can give the court in another submission very soon."
The case is Citizens for Responsibility and Ethics in Washington v. US DOGE Service, 25-cv-511, US District Court, District of Columbia (Washington).