Employees of the newly rebranded DOGE agency have been directed to cease using Slack while legal teams work to transition the agency’s oversight away from the Freedom of Information Act (FOIA). This move follows an organisational shift placing the agency under the President’s Executive Office, a change that could limit transparency and delay public access to its communication.
Under this new arrangement, DOGE asserts that it reports directly to the White House Chief of Staff, Susie Wiles, rather than the Office of Management and Budget (OMB). This shift places it under the Presidential Records Act (PRA), which delays public access to records until after a president leaves office, rather than the Federal Records Act (FRA), which allows for FOIA requests in real-time, reports 404 Media.
This move follows an executive order by President Donald Trump on January 20, 2025, renaming the US Digital Service to the United States DOGE Service and formally placing it under the President’s Executive Order. Legal and transparency experts have expressed deep concerns over this transition, suggesting it is a deliberate attempt to shield DOGE from public scrutiny.
“Please refrain from using Slack at the moment while our various general counsels figure out the best way to handle the records migration to our new EOP [Executive Office of the President] component,” one internal message reads.
Jason R. Baron, former director of litigation at the National Archives and Records Administration, stated that merely remaining and repositioning DOGE does not necessarily exempt it from FOIA. He anticipates that courts will need to rule whether DOGE functions primarily as an advisory body to the president or as an agency with broader governmental oversight, which could subject it to existing transparency laws.
Transparency experts also echoed these concerns, noting that under the PRA, government officials have more discretion to classify records as personal, thereby avoiding disclosure.
However, despite DOGE’s efforts to reposition itself outside of FOIA’s reach, legal experts highlight that many of its interactions with other agencies, such as the Treasury Department of USAID, may still be subject to public records requests through those entities. While DOGE’s internal communication may become less accessible, its external impact could still be scrutinised through FOIA filings with other agencies.
DOGE is facing several lawsuits that challenge the agency’s status and obligations under the transparency laws. Meanwhile, the Congressional Research Service has raised questions regarding the public’s access to DOGE records and whether the agency will involve nonfederal advisors, which could further impact its transparency obligations.
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