Judge Cooper says the public record supports discovery into USDS's authority
Christopher R. CooperU.S. district judge for the District of Columbia, in an opinion and order
Ordering limited discovery, Judge Cooper wrote that the executive orders and the public record suggested USDS exercised substantial independent authority, contrary to the government's reading.
“First, the language of the President’s USDS-related executive orders, far from resolving the question against CREW, in fact suggests that USDS is exercising substantial independent authority. ... Because the public record contradicts USDS’s already disputable interpretation of the relevant executive orders, discovery is particularly appropriate here.”
Original text
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.
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Original text
About this source
The discovery order at the center of the Supreme Court dispute. Judge Cooper allowed limited discovery into USDS's structure and authority, including a deposition of its acting administrator, while trimming some of CREW's requests.
Archived copy (opens in a new tab)Before the quotation
Cooper notes that courts in the district have allowed limited discovery to decide whether an office in the Executive Office of the President wields enough independent authority to fall under FOIA.
After the quotation
He allowed a deposition of USDS acting administrator Amy Gleason, whose declaration was the only factual evidence offered for the government's summary judgment motion, and trimmed some of CREW's other requests.
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. In ordering discovery, Cooper rejects the government's argument that the executive orders show USDS is purely advisory and that discovery is unwarranted. The closest competing label is Mixed or conditional; it loses because the limits he placed on CREW's requests narrow the discovery without accepting the government's position that none should proceed.
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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
Donald K. Sherman calls the government's petition a delay tactic
“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.”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
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The Dispute Index. "Judge Cooper says the public record supports discovery into USDS's authority". First published: 2026-10-14. Last updated: 2026-10-14. https://disputeindex.com/events/5673-ordering-limited-discovery-judge-cooper-wrote-that-the