In a recent legal victory for Elon Musk's Department of Government Efficiency (DOGE), a federal judge in Washington D.C. rejected a request to prevent the team from accessing sensitive information held by at least three federal agencies. This decision rebuffs efforts by unions and non-profit organizations to restrict DOGE's access to records at the Departments of Labor, Health and Human Services, and the Consumer Financial Protection Bureau.

Judge John Bates, a George W. Bush appointee, determined that the government's classification of DOGE as an agency was likely accurate, thus empowering it to deploy personnel to other governmental departments. However, he acknowledged the complexity of the issue, pointing out the government's reluctance to define DOGE as an agency under a separate federal law that would subject it to Freedom of Information Act requests. This apparent contradiction led Judge Bates to describe DOGE as a "Goldilocks entity" – treated as an agency when convenient but not when burdensome.

Established by executive order as a cornerstone of President Trump's re-election platform, DOGE is tasked with identifying and eliminating wasteful government spending during its 18-month tenure within the White House. The Justice Department defended DOGE personnel's access to the information, citing their status as "detailed" U.S. government employees operating under the Economy Act.

Musk celebrated the court's decision on X (formerly Twitter), posting "LFG" – shorthand for "Let's f---ing go." Despite affirming DOGE's agency status in this instance, Judge Bates expressed reservations about the team's creation and structure, noting its unusual reporting hierarchy directly to the president's chief of staff rather than the Office of Management and Budget.

During the hearing, lawyers representing Labor Department employees voiced concerns about DOGE’s potential access to sensitive data, including financial and medical records of millions of Americans, as well as employee safety and workplace complaints. They argued that this access could discourage reporting by new employees due to fears of retaliation or unauthorized disclosure. Furthermore, they highlighted potential conflicts of interest, given that the Labor Department holds sensitive information about investigations into Musk's companies, Tesla and SpaceX, and trade secrets of competing firms. The plaintiffs sought a temporary injunction to halt DOGE's access, advocating for the implementation of a more carefully considered approach.

In a related development, another federal judge extended a temporary order preventing DOGE from accessing payment systems within the Treasury Department. This followed a lawsuit filed by 19 state attorneys general alleging DOGE's unlawful access to the Treasury’s central payment system under the direction of the Trump administration.