Elon Musk’s Department of Government Efficiency (DOGE) won’t turn over communications between Musk and his staff, even though those communications are public records under the Freedom of Information Act, the First Amendment Coalition, a nonprofit dedicated to protecting free speech, said in a lawsuit Friday.
The 13-page complaint, filed in the Northern District of California, follows a Feb. 25 FOIA request from the First Amendment Coalition seeking all electronic communications between Musk and DOGE employees since Inauguration Day on Jan. 20.
The First Amendment Coalition and its co-plaintiff, MSW Media, say DOGE has not responded to the requests as required by the Freedom of Information Act. They want the court to force DOGE to comply with the landmark transparency law.
The group points to several instances in which Trump referred to Musk as the head of DOGE. That includes a Feb. 22 Truth Social post where Trump wrote that “ELON IS DOING A GREAT JOB, BUT I WOULD LIKE TO SEE HIM GET MORE AGGRESSIVE.”
“Despite this public trail clearly identifying Musk as the head of USDS, the Director of the EOP Office of Administration has, under penalty of perjury, stated that Musk is merely a ‘Senior Advisor to the President’ and is ‘not an employee of the U.S. DOGE Service or U.S. DOGE Service Temporary Organization,’” the plaintiffs say.
They also claim that Gleason — in a separate case against the agency — signed a declaration that Musk does not work for DOGE and that she does not report to him. Those declarations “have been made in bad faith to insulate Musk from any accountability or transparency as the head of USDS,” the plaintiffs say.
Appearing in previous suits against DOGE, government lawyers have argued that DOGE is not subject to FOIA laws because it operates as a “component” of the executive office of the President rather than an independent agency.
Friday’s lawsuit challenges this claim, asserting that DOGE exercises substantial authority separate from the president and that Musk plays a central role in its operations.
The plaintiffs are represented in the case by Kel McClanahan of National Security Counselors, a legal firm focused on government reform and transparency.
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