Donald K. Sherman calls the government's petition a delay tactic
Donald K. ShermanPresident and chief executive officer of CREW, in a CREW press release
CREW's president called the government's Supreme Court petition a delay tactic and said the lower courts had ruled that CREW is entitled to discovery.
“This appeal is an obvious delay tactic to keep the American public in the dark about DOGE’s reckless operation and disastrous impact. The lower courts have categorically ruled that CREW is entitled to discovery, and rather than accept those rulings and provide the Court and the public with long overdue transparency, DOGE is trying to dodge disclosure for as long as possible.”
Official statement
Where this statement fits
Supreme Court agrees to review court-ordered discovery into whether DOGE is subject to FOIA
CREW sued in February 2025 to make the U.S. DOGE Service process its public-records request under the Freedom of Information Act. The Justice Department argues that USDS is a presidential advisory body outside FOIA and that court-ordered discovery into its authority intrudes on the separation of powers. CREW argues that USDS exercised substantial independent authority and that limited discovery is needed to decide whether FOIA applies. On October 13, 2026, the Supreme Court agreed to review the appeals court order that let most of that discovery proceed.
Source and context
Official statement
About this source
CREW's response to the government's March 18, 2026 petition, including a statement from its president. CREW is the plaintiff in the underlying FOIA lawsuit.
Before the quotation
CREW's release reports that the government filed its petition on March 18, 2026, after the full D.C. Circuit declined to reconsider the panel's ruling.
After the quotation
Sherman said CREW hoped the Supreme Court would let the lower courts' decisions stand. The Court granted review on October 13, 2026.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is the Justice Department's position that the U.S. DOGE Service, as a body that advises the President, should not face court-ordered discovery into whether FOIA applies to it. Label: Condemned. Sherman criticizes the government's effort to avoid discovery, calling it an attempt to dodge disclosure. The closest competing label is Mixed or conditional; it loses because his statement contains no qualification or condition.
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More from this case
Read the full caseCREW says the government's rule against discovery conflicts with FOIA's text
Citizens for Responsibility and Ethics in Washington
“Undisputed facts in the public record—including the President’s statements—confirmed that USDS was wielding enormous independent authority across the federal government. ... The government’s proposed rule is impossible to square with statutory text, and it would be ripe for abuse.”Read statement
Justice Department says discovery into an advisory body defeats FOIA's exclusion
United States Department of Justice
“Subjecting advisory bodies to intrusive discovery triggers the very concerns that Congress sought to avoid by excluding presidential advisory bodies from FOIA’s reach.”Read statement
American Oversight says the Supreme Court is shielding DOGE from scrutiny
American Oversight
“President Trump continues to use the Supreme Court as a shield — protecting DOGE from accountability and hindering the public’s right to know ... The Court didn’t dispute that DOGE may be violating transparency laws — it merely objected to how the lower court was trying to uncover the truth.”Read statement
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The Dispute Index. "Donald K. Sherman calls the government's petition a delay tactic". First published: 2026-10-14. Last updated: 2026-10-14. https://disputeindex.com/events/5672-crew-s-president-called-the-government-s-supreme