The government agency now known as DOGE (Digital Operations and Governance Enterprise) has instructed its employees to halt all Slack communications as it navigates a significant change in its status. This shift, reported by 404 Media, aims to reclassify the agency’s records under the Presidential Records Act (PRA), which would exempt them from the Freedom of Information Act (FOIA). The change has sparked concerns regarding the transparency of DOGE’s operations and its accessibility to the public.
Internal Directive: Temporary Pause on Slack
A message sent to DOGE staff urged them to temporarily stop using Slack while legal teams work on the transition process. “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,” read the communication, emphasizing the need for caution during this period.
The agency also notified employees that due to its separation from the Office of Management and Budget (OMB), no new Slack messages should be generated. Although the message assured staff that the pause would be temporary, they were advised to back up important records in case of any disruptions to their communication tools.
Transition from FOIA to PRA Oversight
Previously known as the U.S. Digital Service (USDS), the agency operated under the OMB and was required to follow FOIA guidelines, which provide the public with access to federal records. However, the new move to the Executive Office of the President (EOP) means that DOGE’s records will now fall under the PRA, which significantly limits public access. Under the PRA, records are shielded from FOIA requests for many years after a president leaves office.
This shift marks a notable change in the agency’s oversight, as its activities will now be overseen by the White House Chief of Staff, Susie Wiles, instead of OMB. By making DOGE a PRA entity, the agency’s records will be less transparent and less accessible to journalists, lawyers, and the public at large.
Executive Order and Legal Concerns
The change in DOGE’s classification stems from an executive order issued during Donald Trump’s presidency, which renamed the USDS to DOGE and brought it under the EOP. The order specified that DOGE’s administrator, Elon Musk, now reports directly to the White House Chief of Staff, further distancing the agency from FOIA oversight.
Legal experts, including Jason R. Baron, a former National Archives official, have raised concerns about the move. Baron noted that while the administration has designated DOGE as a presidential component, this classification could face legal challenges. He argued that courts will have to decide whether DOGE’s functions—such as overseeing technology projects across government agencies—align more with a presidential advisory role or a broader federal oversight agency.
Criticism of the Shift
The transition has faced criticism from transparency advocates who argue that DOGE’s move is a deliberate attempt to evade scrutiny. Lauren Harper, from the Freedom of the Press Foundation, called it a “dangerous” maneuver aimed at limiting access to government records. She highlighted that under the PRA, certain records can be deemed “personal” and exempt from public oversight, giving the president and their staff unchecked control over these materials.
Harper’s concerns reflect a broader fear that the shift could lead to an erosion of accountability within the federal government, as public access to records becomes increasingly restricted.
Impact on Government Transparency
Despite DOGE’s reclassification, many of its interactions with other federal agencies will still be subject to FOIA. For example, emails between DOGE employees and staff at agencies like the Treasury Department may still be obtained through those agencies, ensuring that some level of transparency remains. However, DOGE’s internal communications, which were previously available under FOIA, will now be shielded from immediate public access.
Legal experts like Baron also point out that DOGE’s activities go beyond advising the president. The agency has been involved in actions that directly affect the operations of other government entities, such as the Treasury and USAID. These activities may raise questions about DOGE’s role and whether it is exceeding the scope of a presidential advisory body.
DOGE’s new status has already prompted legal challenges, with several lawsuits questioning the agency’s compliance with transparency laws. The Congressional Research Service has also raised concerns about how the shift will impact public access to records, particularly regarding whether DOGE’s operations should fall under the Federal Advisory Committee Act or FOIA.
