WASHINGTON − The Trump administration wants the Supreme Court to intervene in its fight to prevent DOGE from being subject to open records laws. In an emergency request filed on May 21, the Justice Department asked to pause judicial orders requiring DOGE produce documents and testimony so a federal court can determine whether the Department of Government Efficiency started by Elon Musk must comply with the Freedom of Information Act.

Sauer told the justices that requiring DOGE as a “presidential advisory body” to respond to the plaintiffs’ requests, a process known as discovery, “clearly violates the separation of powers” and “wi...