Solicitor General D. John Sauer filed an appeal to the Supreme Court on Wednesday, asking the justices to pause a pair of orders from lower courts requiring DOGE to produce documents and take the deposition of U.S. DOGE Service Acting Administrator Amy Gleason. Sauer continued the argument the Trump administration made in lower courts that DOGE is a presidential advisory board and therefore not subject to FOIA, citing prior court precedent.
He claimed the “order clearly violates the separation of powers” between branches of government and unlawfully subjected a “presidential advisory body to intrusive discovery” and threatened “the confidentiality and candor of its advice.”
“Compliance will hamstring [DOGE] in carrying out its mission, and the burdens of responding to these roving requests, forcing Administrator Gleason
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