A federal judge ruled Monday evening that Elon Musk’s so-called Department of Government Efficiency is likely subject to legal disclosure obligations under the Freedom of Information Act.

It is a preliminary ruling which the government will almost certainly appeal, but a significant early victory for transparency when it comes to Musk and DOGE. So far, DOGE has ignored FOIA requests, including from The Intercept, on the grounds that it is immune from the statute entirely.

But Judge Christopher Reid Cooper of the U.S. District Court for the District of Columbia determined DOGE likely wields the kind of “substantial authority” that makes it a federal agency subject to FOIA. He reviewed DOGE’s structure, its rampage through the federal government in recent weeks, and how President Donald Trump and Musk have publicly described its work.

Cooper noted DOGE’s “decimation” of one federal agency, the U.S. Agency for International Development, in particular, along with DOGE’s boastful termination of federal workers, grants, and contracts.

“From these reports, the Court can conclude that USDS........

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