The First Amendment Coalition and MSW Media filed a Freedom of Information Act (FOIA) lawsuit against the U.S. DOGE Service for its failure to respond to FOIA requests seeking correspondence between Elon Musk and DOGE staff.
Since President Donald Trump’s 2025 inauguration, Musk and DOGE have sought to remake the federal government through layoffs at dozens of agencies and attempting to eliminate agencies such as USAID. However, details on staffing, decision-making, and other parts of DOGE’s structure remain unknown.
In an effort to reveal more details regarding DOGE’s structure, on February 25, FAC submitted a FOIA request seeking all electronic communications between Musk and DOGE staff since January 20. DOGE never responded to the request, thereby failing to comply with federal law requirements. The lawsuit asks the U.S. District Court for the Northern District of California to order DOGE to respond to FAC’s request and disclose the requested records.
In an earlier lawsuit against DOGE, government lawyers asserted that DOGE is not an agency covered by FOIA because it is a “component” of the Executive Office of the President that merely “reports to the White House Chief of Staff.” FAC’s lawsuit seeks to refute this claim, listing ample evidence that its actions are those of an agency with substantial authority independent of the president, and that Musk is in charge of DOGE.
MSW Media, Inc. is the co-plaintiff in the case. Allison Gill (of the Mueller, She Wrote; Jack; Daily Beans; and UnJustified podcasts) is the executive director of MSW Media, Inc.
Kel McClanahan of National Security Counselors represents FAC and MSW Media.
The lawsuit was filed in the U.S. District Court for the Northern District of California.
Press Release: FAC Files Freedom of Information Lawsuit Against DOGE (3/28/2025)
Legal Documents:
- Complaint (3/28/2025)