A nonpartisan watchdog group is suing President Trump, the Department of Government Efficiency and the DOGE administrator over the claim that DOGE is not subject to public records requests because it is shielded by the Presidential Records Act, or PRA.
Under the PRA, DOGE’s records could be sealed for up to 12 years after Mr. Trump leaves the White House.
The Project on Government Oversight, which investigates public corruption, waste and abuses of power in both political parties, filed a lawsuit Friday arguing that DOGE, which has “gained access to a vast swath of sensitive government data and records,” should be subject to the Federal Records Act, rather than the PRA.
POGO argues DOGE is operating like a federal agency, exercising substantial authority to make seismic changes across the federal government. Americans are allowed to request most records of federal agencies under the FRA.
The FRA is the law requiring agencies to create and preserve their records. Danielle Brian, the executive director of POGO, said in a news release that because Elon Musk and DOGE “have been granted sweeping access to the federal agencies,” the records of their activities should both be “well preserved and made available to the public.”
“The Trump administration has inappropriately tried to hide DOGE’s actions from the public by declaring it is subject to the Presidential Records Act, and the courts must intervene,” Brian said.
Earlier this month DOGE adviser Katie Miller posted on X that DOGE had been “reorganized under the Executive Office of the President and subject to Presidential Records.”
The president has broad discretion to decide what qualifies as a presidential record under the PRA, a law that came up frequently in the federal case involving Mr. Trump’s handling of classified records. The PRA establishes the rules for managing a president’s records and sets up a process through which the public may access the records five years after the president leaves office — but also enables the president to restrict public access for up to 12 years.
The lawsuit doesn’t identify the administrator of DOGE, but it contends that Musk has “functionally assumed leadership and the role of administrator.”
POGO confirmed in its filing that while its lawsuit names the president, he’s being sued in name only, since he is protected by the PRA from FOIA requests.
The lawsuit was filed with the U.S. District Court for the District of Columbia. The White House and DOGE did not immediately respond to a request for comment.
Another watchdog, American Oversight, also sued DOGE after being denied access to its records. That lawsuit, which also tests the entity’s claim to protection from FOIA, seeks all of Musk’s communications involving the termination of employees across the federal government.
