While standing next to President Donald Trump in the Oval Office earlier this month, billionaire Elon Musk, the de facto head of the so-called Department of Government Efficiency (DOGE), claimed that his team had been “maximally transparent” as the Trump administration seeks to gut the federal workforce. But in recent court filings, the government said it will not provide DOGE records to the public under Freedom of Information Act (FOIA) requests, claiming that the organization is exempt from the law.

Justice Department attorneys on Thursday filed court documents in connection with a FOIA lawsuit in Washington, D.C., wherein they state that Trump’s executive order redesignated the U.S. Digital Service as the U.S. DOGE Service, removing the organization from the Office of Management and Budget (OMB) to make it a “free-standing component of the Executive Office of the President.”

As such, the government claimed that DOGE is “not subject to FOIA.”

The Government’s claim came in response to a complaint filed last week by government watchdog group Citizens for Responsibility and Ethics in Washington (CREW). In its lawsuit, CREW accused DOGE of unlawfully refusing to comply with its FOIA requests for records associated with the government group’s actions and ignored repeated demands for DOGE to preserve its records under the Federal Records Act.

CREW requested expedited records and documents related to communications between Office of Management and Budget (OMB) staffers and individuals who were affiliated with DOGE prior to Trump’s inauguration, changes to the operations of the U.S. Digital Service, organizational charts and financial disclosures, and DOGE’s communications with federal agencies, which DOGE and the other plaintiffs have so far failed to turn over.