Judge Signals Elon Musk’s DOGE to Preserve Work Records

A federal judge in Washington has indicated that Elon Musk’s Department of Government Efficiency (DOGE) will likely be required to preserve its work records. This comes amid concerns over the use of encrypted messaging platforms, such as Signal, for official communication. During a Friday hearing, U.S. District Judge Christopher Cooper told a Trump administration lawyer that Musk’s team should assume a forthcoming preservation order would immediately apply to its work. He also advised the lawyer to “advise your clients of that as soon as possible.”

The judge is presiding over a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW). The lawsuit demands that DOGE comply with records requests. It alleges that Musk and his team are working “in the shadows” to dismantle the federal bureaucracy. The judge Cooper decided not to provide an immediate ruling about the Freedom of Information Act (FOIA) compliance for DOGE which President Donald Trump established shortly after becoming president but signaled his doubts regarding CREW's request for urgent proceedings before scheduled congressional budget talks.

The Trump administration argues that the US DOGE Service is exempt from FOIA, with Justice Department lawyer Andrew Bernie asserting that DOGE has “no authority independent of the president.” Jonathan Maier from CREW argued DOGE maintains substantial authority over budget cuts that reach hundreds of millions in federal dollars while also shrinking the government workforce. The preservation order requested by CREW emerged because DOGE employees reportedly utilized the encrypted Signal application which has prompted concerns about message elimination.

Bernie noted that DOGE is governed by the Presidential Records Act, which includes document retention requirements, but when Cooper questioned the enforceability of that law, Bernie responded that it “didn’t change the fact that it still carried obligations.” When pressed by the judge, who asked, “Do you care to provide the court with any assurances that no DOGE staff is currently using Signal or otherwise deleting potentially relevant communications,” Bernie replied that he couldn’t “represent what other people are doing,” but offered to seek assurances from his clients for a future submission.