Trump’s DOJ Losing Court Fights Over DOGE, Musk Secrecy (1)

Feb. 24, 2026, 5:29 PM UTC

US courts are foiling efforts by the Trump administration to keep under wraps information about the Department of Government Efficiency and the role that Elon Musk, the world’s richest person, played in it during his whirlwind stint with the White House last year.

A New York federal judge last week forced the government to reveal the names of DOGE employees and contractors. Earlier this month, a Maryland judge ruled Musk can’t be shielded from questions about the dissolution of the US Agency for International Development, while a judge in Washington ordered the Justice Department to investigate phone numbers Musk may have used for official business.

Elon Musk shows off a “DOGE” shirt on the South Lawn of the White House in Washington.
Photographer: Oliver Contreras/AFP/Getty Images

Musk, who poured millions of dollars into President Donald Trump’s reelection campaign, served as DOGE’s public face as it orchestrated sweeping US spending cuts and thousands of government layoffs in the first half of 2025. The SpaceX and Tesla Inc. chief executive officer stepped down as a “special government employee” at the end of May.

The administration faced a wave of lawsuits from the start of Trump’s second term seeking to stop or slow down DOGE’s access to government systems and records with sensitive financial or personal data. While many of those cases are over, legal fights have lingered over transparency and whether Musk and DOGE-affiliated staff overstepped.

As judges grapple with whether what DOGE did was lawful, they’ve overruled the administration’s opposition to sharing information with plaintiffs that sued.

“You really are seeing an unwillingness from the government to shed any type of light or any type of accountability for what happened during that time,” said Tianna Mays, legal director of Democracy Defenders Fund, which is representing challengers in the US aid agency fight in Maryland.

Read More: What Is DOGE Without Elon Musk?: QuickTake

In a suit over DOGE access to Social Security Administration records, the Justice Department alerted a judge in January about newly discovered communications between DOGE team members and an as-yet-unidentified “political advocacy group,” which wanted help analyzing state voter rolls. Government lawyers acknowledged the revelation undermined past statements to the court that DOGE needed the access to “maximize efficiency and productivity” at the agency.

Skye Perryman, president of Democracy Forward, which brought the Social Security Administration case, said the “bombshell” filing underscored concerns about the security of Americans’ personal information as well as the “trend of the government’s misrepresentations to federal courts.”

The Arthur J. Altmeyer Social Security Administration building at the agency’s headquarters in Woodlawn, Maryland.
Photographer: Stefani Reynolds/Bloomberg

White House spokesperson Davis Ingle said in a statement that “DOGE assisted in conducting unprecedented and historic levels of deregulation in the federal government and this ongoing and invasive witch-hunt to protect the federal bureaucracy at the expense of the American taxpayer is a shameful abuse of the judiciary.”

Although the administration dramatically scaled down the DOGE project by the end of last year, lawsuits contesting the spending cuts and firings — and Musk’s authority — have persisted.

On Feb. 17, the government disclosed the roster of DOGE staff from a peak period early last year in a pair of lawsuits challenging canceled grants from the National Endowment for the Humanities. Justice Department lawyers argued the full list wasn’t relevant, and that individuals could face “harm or harassment” if their identities became public.

‘Big Secret’

US District Judge Colleen McMahon, appointed to the Manhattan federal bench by former President Bill Clinton, denied the government’s request to keep the lists confidential. In a Feb. 13 order, she wrote that “the public is entitled to know who works for its government and in what capacity” and that the administration failed to prove “concrete” risks.

“Defendants ask the court to treat the identity of every individual who worked at or with DOGE as a Big Secret,” McMahon wrote. She also rejected the government’s effort to withhold a collection of documents as legally privileged.

In Maryland, the Justice Department is appealing a judge’s Feb. 4 ruling that “extraordinary circumstances justify” making Musk and two former top officials available for depositions in the US aid agency litigation. The government asked a federal appeals court to rule by March 2, and recently alerted the judges that the plaintiffs took steps to schedule the first deposition with a former agency official on March 5.

There’s still active litigation over whether DOGE must give up its records to the public under the federal Freedom of Information Act. The Justice Department successfully asked the Supreme Court last year to block a senior DOGE official from being deposed in one such case in Washington, but the legal wrangling has continued.

“Regardless of DOGE’s current status, the public deserves complete transparency,” said Nikhel Sus, chief counsel at Citizens for Responsibility and Ethics in Washington, which brought the records case. “The way the president established this entity is deeply problematic and illegal and it could be repeated in the future.”

Musk Phone Records

In another DOGE records fight, US District Chief Judge James Boasberg on Feb. 3 ordered the Justice Department to “make a good-faith inquiry” into phone numbers Musk used during his time in the White House. Groups pressing the case said they feared that if Musk used personal devices or an encrypted messaging platform, records could be lost even if judges eventually say the public is entitled to see them.

James Boasberg
Photographer: Valerie Plesch/Bloomberg

The Justice Department has asked Boasberg, appointed by former President Barack Obama, to reconsider part of his order directing government lawyers to question US senators about their communications with Musk, citing “considerable separation-of-powers concerns.”

This week, the department told Boasberg it sent a letter to Transportation Secretary Sean Duffy asking if he recalled Musk sharing any phone numbers, but hadn’t received a response yet.

Kel McClanahan, executive director of National Security Counselors, which represents the challengers, said media reports about what happened behind the scenes at DOGE represent the “tip of the iceberg.”

“The things that they did will have ramifications for years and we can’t fix that unless we know about it,” he said.

(Updates with timing on USAID deposition.)

To contact the reporter on this story:
Zoe Tillman in Washington at ztillman2@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Steve Stroth, Elizabeth Wasserman

© 2026 Bloomberg L.P. All rights reserved. Used with permission.

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