Trump's Legal Battle Seeks to Dismantle Public Oversight, Putting Transparency Under Attack

The Trump administration’s push to block the release of Department of Government Efficiency (DOGE) records under the Freedom of Information Act (FOIA) is a brazen attempt to keep the public in the dark. By appealing to the Supreme Court to overturn a lower court’s order, the administration is fighting to conceal how this powerful entity operates. This legal battle reveals a troubling disregard for the transparency that democracy demands.

Citizens for Responsibility and Ethics in Washington (CREW) has taken a bold stand, arguing through a lawsuit that DOGE’s influence over federal policy requires public scrutiny. Their March 2025 victory forced expedited record processing and allowed depositions of senior officials, a rare win against government opacity. Yet, the administration insists DOGE is exempt from FOIA, claiming separation of powers protects its secrecy. This argument feels like a flimsy shield for unchecked power.

Why should we care? DOGE shapes policies that affect every American, from budgets to regulations. If its work is hidden, we lose the ability to hold it accountable. Transparency ensures government serves the public, not just the president’s inner circle. When that access is denied, trust in our institutions crumbles.

The stakes are high. A government that operates behind closed doors invites skepticism and division. CREW’s fight isn’t just about one agency; it’s about preserving the public’s right to know what their leaders are doing with their power.

Advocacy groups like CREW and American Oversight are leading the charge for transparency. Since 2023, American Oversight has filed over 30 lawsuits across 14 states, uncovering 20,000 pages of records, from Pentagon communication policies to IRS lobbying data. Their 78 percent success rate in district courts proves that the judiciary can still uphold the public’s right to information.

CREW’s March 2025 ruling against DOGE was a turning point. The court rejected the administration’s claim that DOGE is above FOIA, setting a precedent that advisory bodies must face scrutiny. This victory builds on a legacy of advocacy, from Ralph Nader’s 1967 push for aviation safety records to Public Citizen’s challenges to secretive energy policies. These groups show that persistent legal action can pry open government records.

The administration’s response? An appeal to the Supreme Court in May 2025, led by Solicitor General John Sauer, arguing that disclosing DOGE’s records threatens presidential autonomy. This claim sidesteps the fact that FOIA has balanced executive needs with public access since 1966. The real threat is a government that hides its actions from the people it serves.

The Trump administration has a track record of dodging transparency. From concealing White House visitor logs to withholding January 6 communications, the pattern is unmistakable: public access is granted only when it aligns with their agenda. The claim that DOGE’s records fall under the Presidential Records Act is just the latest tactic to avoid scrutiny.

This secrecy is part of a broader crisis. Since 2021, federal agencies have cut FOIA staffing by 30 percent, causing a backlog of 150,000 requests by mid-2025. Project 2025 has urged appointees to reduce paper trails, making oversight even harder. These moves aren’t oversights; they’re calculated efforts to limit accountability.

Some defend this approach, arguing that executive privilege ensures candid advice. They cite United States v. Nixon (1974) to claim confidentiality protects governance. But FOIA’s exemptions already address these concerns, allowing sensitive information to be withheld while ensuring public access to non-sensitive records. Shielding DOGE isn’t about governance; it’s about control.

If the Supreme Court upholds the administration’s exemption, the consequences could be devastating. Future advisory bodies could claim similar immunity, weakening FOIA and decades of transparency gains, including the 2016 FOIA Improvement Act’s stricter disclosure rules. State-level reforms, like California’s pay-transparency laws, could also lose momentum.

A win for CREW, however, would bolster accountability. Lawmakers like Sen. Sheldon Whitehouse and Rep. Hank Johnson are advocating for FOIA reforms, such as shorter Exemption 5 withholding periods and backlog reductions. A Biden memorandum from April 2025 pushed agencies to clear 90 percent of FOIA backlogs, proving transparency is achievable with political will.

The choice is clear. We need a government that trusts its people with the truth. The Supreme Court must reject this bid for secrecy and affirm that no agency is above the law. Our democracy depends on it.