Judge Denies Watchdog’s Request for Injunction Against DOGE

A federal judge on June 17 denied a watchdog group’s request for a preliminary injunction in its lawsuit against President Donald Trump and the Department of Government Efficiency (DOGE).

The Project On Government Oversight (POGO) filed its lawsuit in February, challenging the Trump administration’s claim that DOGE records are covered by the Presidential Records Act (PRA) and are therefore not available to the public through the Freedom of Information Act (FOIA).

The lawsuit argued that DOGE operates like a federal agency, and is thus subject to the Federal Records Act (FRA), which governs when and how federal agency records must be collected, retained, preserved, or destroyed.

To that end, the group asked the court for a preliminary injunction ensuring DOGE and its related entities preserve all records pursuant to the FRA.

In his June 17 ruling, Judge James Boasberg, chief judge of the District Court for the District of Columbia, denied the watchdog’s request, finding that it had not shown a likelihood of irreparable harm.

However, DOGE must still retain records in accordance with the PRA, the judge said.

“Defendants have given the Court ample reasons to believe that they are complying with the PRA,” Boasberg wrote.

President Donald Trump established DOGE via an executive order on his first day of his return to office in January.

The order renamed the United States Digital Service as the United States DOGE Service and tasked it with “modernizing Federal technology and software to maximize governmental efficiency and productivity.”

DOGE was led by entrepreneur Elon Musk until he departed the administration in late May when his 130-day term as a special government employee expired.

In its lawsuit, POGO said that in order to implement their mission, DOGE staff have gained access to a “vast swath of sensitive government data and records.”

POGO said it relies on records from agencies such as DOGE to “inform and educate the public,” adding that it has a direct interest in ensuring such records are maintained, preserved, and accessible to the public.

The Trump administration has said that DOGE’s records are subject to the PRA, meaning key information about DOGE’s operations could be shielded from the public for up to 12 years after Trump leaves office, the watchdog said.

POGO argued that because DOGE is operating as an agency, it should preserve records according to the FRA, which would mean its records are subject to the FOIA, allowing the watchdog to access them and see what DOGE is doing across the federal government.

The watchdog said it has been harmed by the policy and practice of defendants to deprive the watchdog of access to DOGE’s records.

In his ruling, Boasberg said POGO’s concerns have been addressed by DOGE’s repeated and explicit commitment to comply with the PRA, its Records Retention Policy, and the preservation orders entered against DOGE in other lawsuits.

“POGO is therefore in little danger of losing access to documents to which it may be entitled if it prevails in its litigation against DOGE, much less at risk of irreparable harm,” Boasberg wrote in his ruling. “It consequently cannot demonstrate that it is entitled to a preliminary injunction.”

In a statement, POGO called Boasberg’s order a “temporary setback” and said it will continue to pursue its lawsuit.

“This is a frustrating outcome—not just for the Project On Government Oversight, but for the American public. We must have insight into DOGE’s sweeping efforts to change our federal government, and we must hold the administration accountable for any corruption or abuse of power,” said Danielle Brian, executive director and president of POGO. “I hope the courts ultimately rule on the side of transparency and accountability.”

The Epoch Times has contacted the White House for comment.