In re: U.S. DOGE Service
Overview
Overview
The government appealed Judge Cooper's discovery order which required the deposition of DOGE administrator Amy Gleason and disclosure of certain documents related to communications with other executive agencies.
The Issue
Issue
Whether a federal court may compel discovery including depositions and internal documents regarding communications between the DOGE and other executive agencies, or whether such discovery is barred by executive privilege or separation of powers doctrines.
The Rules
Rule
Under Federal Rule of Civil Procedure 26 and D.C. Circuit precedent, discovery is broadly permissible unless protected by executive privilege, which requires a particularized showing of harm. Blanket privilege assertions are disfavored; the government must demonstrate concrete injury from disclosure of specific materials.
The Application
Analysis
Judge Cooper ordered discovery of DOGE administrator Gleason's deposition and documents concerning inter-agency communications. The government appealed, challenging either the discovery scope as exceeding proper bounds or invoking executive privilege over the requested materials.
The Conclusion
Conclusion
On July 14, 2025, the D.C. Circuit issued a per curiam order granting in part and denying in part the government's petition for a writ of mandamus, and dismissed the accompanying stay motion as moot. The petition sought to block Judge Cooper's order allowing discovery into the U.S. DOGE Service's records and communications, which the government argued were shielded because DOGE is not an agency subject to such discovery and the material is privileged. The court narrowed the district court's discovery order rather than vacating it outright, leaving part of the discovery to proceed. On December 18, 2025, the court denied both panel rehearing and rehearing en banc.
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