Court Rejects Government’s Attempt to Avoid Accountability

Washington, DC – A federal judge shut down the government’s attempt to block discovery in AFL-CIO et al. v. Department of Labor, a lawsuit challenging Elon Musk’s so-called Department of Government Efficiency (DOGE) from unlawfully accessing sensitive data at three federal agencies. Ruling in favor of labor and economic organizations represented by Democracy Forward, the court denied the government’s arguments for reconsideration and granted the plaintiff’s request to modify discovery. 

The court wasted no time dismantling the government’s defense, writing that its latest evidence “is not the panacea they hoped it would be” and cautioning that the ever-evolving nature of DOGE’s structure “does not compel the Court to reconsider its order.”

“Across our nation, the Trump-Musk agenda is creating chaos and harming communities without the accountability required by law. Today, a federal court rejected the government’s latest attempt to avoid transparency for Elon Musk’s so-called ‘Department of Government Efficiency.’ Trump and Musk have repeatedly tried to skirt our nation’s laws to avoid accountability to the American people. Democracy Forward will continue to shine a light on DOGE’s activities and hold them responsible for their actions.” said Skye Perryman, President and CEO of Democracy Forward.

The ruling underscores why expedited discovery is essential to determine whether DOGE operatives improperly accessed, copied, or retained government records, violating federal privacy laws and worker protections.

The court rejected the government’s arguments that discovery was no longer needed, highlighting the “ever-evolving nature of this case:” 

“In the briefing for nearly every motion thus far, defendants have presented an amended version of the status and details of USDS’s operations and data access at the agency defendants. Even now, the agency defendants do not aver that they will not receive USDS detailees again, even in the short time frame relevant to preliminary relief; their declarants merely say that, as far as they as individuals know, the agency has no plans to do so,” the decision reads.

The Court has extended the discovery deadline to March 31, 2025. American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), American Federation of Government Employees, American Federation of State, County and Municipal Employees, Service Employees International Union, Communication Workers of America, Economic Policy Institute, Virginia Poverty Law Center, and Economic Action Maryland Fund, represented by Democracy Forward—will press onward with depositions and document requests to expose the full extent of DOGE’s influence and potential misconduct.

A copy of the complaint can be found here.

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