A federal judge in Washington on Friday handed Elon Musk's government efficiency team a win by declining a request to temporarily block it from accessing sensitive data from at least three federal agencies.
Unions and nonprofits attempted to stop Musk’s Department of Government Efficiency (DOGE) from accessing records at the Departments of Labor, Health and Human Services and the Consumer Financial Protection Bureau.
U.S. District Judge John Bates wrote in an opinion that the government was likely correct in categorizing DOGE as an agency, thereby allowing it to detail its staff to other government departments.
However, Bates called his finding a "close question," noting that the government did not want DOGE to be considered an agency for purposes of another federal law, which would subject it to open records requests.
Bates, who was appointed by President George W. Bush, said DOGE was a "Goldilocks entity: not an agency when it is burdensome but an agency when it is convenient."
"Plaintiffs have not shown a substantial likelihood that [DOGE] is not an agency. If that is so, [DOGE] may detail its employees to other agencies consistent with the Economy Act," he wrote in part.
The newly minted agency, a key promise of President Donald Trump’s reelection campaign, is aggressively slashing government waste when it comes to government spending. It was created via executive order and is a temporary organization within the White House that will spend 18 months carrying out its mission.
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The Justice Department has argued that the DOGE personnel in question are "detailed" U.S. government employees who have access to the information under provisions of the Economy Act.
Musk hailed the decision by reposting the news on X with the caption: "LFG," an abbreviation for "Let’s f---ing go."
Judge Bates suggested earlier Friday that DOGE's creation and its hierarchy were "odd," noting that it "was created in a way to get it out of OMB [Office of Management and Budget] and instead answering to the chief of staff of the president."
DOGE "took great effort to avoid being an agency, but in this case, you're an agency," he said of DOGE. "It just seems to strain credulity."
Attorneys for unions representing Labor Department employees argued during last week's hearing that, absent court intervention, DOGE could access protected agency information, including the financial and medical records of millions of Americans, as well as employee safety and workplace complaints.
The plaintiffs noted that Labor Department systems contain sensitive information about investigations into Musk-owned companies Tesla and SpaceX, as well as information about trade secrets of competing companies, sparking concerns about Elon Musk's possible access to the information.
Attorney Mark Samburg argued that allowing DOGE access to this information could have a "chilling effect" on new employees coming forward, due to fear of unlawful disclosure or retaliation.
"The sensitive information of millions of people is currently at imminent risk of unlawful disclosure," Samburg said.
The plaintiffs had urged Judge Bates to grant a temporary request to block DOGE's access to the information, which they said would "force the agency to implement a more thoughtful process."
Separately, on Friday, a federal judge extended a temporary order blocking DOGE from accessing payment systems within the Treasury Department.
That extension came after 19 state attorneys general filed a lawsuit claiming DOGE illegally accessed the Treasury Department’s central payment system at the Trump administration’s behest.
Fox News’ Brie Stimson and Reuters contributed to this report.
