Durbin questions how DOGE could exercise power without FOIA accountability
Dick DurbinU.S. senator and Senate Judiciary Committee ranking member
Durbin criticizes the prospect of DOGE avoiding FOIA while exercising power to eliminate federal agencies. He asks what motivates its actions and what it should disclose to the public.
“I worry about where this is headed, if an agency with the power to eliminate Federal agencies is not subject to FOIA. What is motivating these people? What activities are they engaged in? What disclosures should they make to the American public?”
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.
Source and context
Original text
About this source
Durbin criticizes DOGE's claim that FOIA does not apply. Kwoka explains the independent-authority test and the preliminary nature of the court ruling.
Archived copy (opens in a new tab)Before the quotation
Durbin says the courts have preliminarily viewed DOGE as probably subject to FOIA. He identifies its claimed power over federal agencies.
After the quotation
Kwoka responds that the litigation turns on whether the office exercises independent authority and that the existing ruling is preliminary.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case concerns the government's effort to keep DOGE outside FOIA and resist discovery into its authority. Durbin criticizes exempting an office with such power from public-records accountability.
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More from this case
Read the full caseJustice Department argues that formal authority governs DOGE's FOIA status
United States Department of Justice
“Formal authority, not informal influence, is what matters.”Read statement
CREW 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
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The Dispute Index. "Durbin questions how DOGE could exercise power without FOIA accountability". First published: 2026-10-31. Last updated: 2026-10-31. https://disputeindex.com/events/7569-durbin-criticizes-the-prospect-of-doge-avoiding-foia