March saw a federal judge who was appointed by former President Barack Obama order the Department of Government Efficiency (DOGE) release its records.

Yet in a move which is sure to upset Democrats, Supreme Court Chief Justice John Roberts has blocked that demand. 

Judge pointed to DOGE's "unusual secrecy"

According to Politico, U.S. District Judge Christopher Cooper complained in his 37-page ruling of the "unprecedented" authority and "unusual secrecy" exhibited by the U.S. Digital Service (USDS), the entity which is now known as DOGE.

Judge orders urgent release of DOGE records, citing ‘unprecedented’ power and ‘unusual secrecy’ https://t.co/SNNxi148Zf

— POLITICO (@politico) March 11, 2025

"The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented," Cooper wrote.

"The rapid pace of [DOGE’s] actions, in turn, requires the quick release of information about its structure and activities," the federal judge continued.

Cooper insisted that is particularly true in light of "the secrecy with which DOGE has operated" since it began operations in January.

Government maintains that DOGE is a "presidential advisory body"

However, The Hill reported that Roberts issued a stay on Cooper's order late last week in response to a request submitted by U.S. Solicitor General D. John Sauer.

Sauer argued that rather than being a federal agency, DOGE instead functions as a "presidential advisory body" which is housed inside of the Executive Office of the President.

The distinction is significant, as Cooper is presiding over a lawsuit which was brought by the left-leaning watchdog group Citizens for Responsibility and Ethics in Washington (CREW).

In contrast with Sauer's position, CREW maintains that DOGE is indeed a federal agency, thus making it subject to the Freedom of Information Act (FOIA). The stated purpose of Cooper's order is to help resolve that question.

Solicitor general says judge's order "turns FOIA on its head"

The Obama-appointed judge has already voiced skepticism over the idea of merely being an advisory body since its activities have extended well beyond providing advice.

For his part, Sauer countered in the government's petition that by ordering DOGE to divulge information, Cooper is effectively treating it as if the department has already been deemed to be a FOIA-subject agency.

"That order turns FOIA on its head, effectively giving respondent a win on the merits of its FOIA suit under the guise of figuring out whether FOIA even applies," the solicitor general wrote.