In Which Musk Preposterously Argues (Again!) That DOGE Is A "Riddle Wrapped In A Mystery, All Inside An Enigma… "

Elon once is again trying (as he did three weeks ago), through his lawyers, to avoid having to produce FOIA documents, as to what he did, and why he did it -- in the firings cases, and in the raid on Social Security data, and his failed attempt at getting the most sensitive IRS data.

His preposterous claim is that since DOGE is a non-entity, and not part of government. . . it need not answer (as Churchill had worried about Russia, in 1939). [For an extended look at why that is all so much poppycock, take a look at this backgrounder from just a few weeks ago, via yours truly.]

CREW however has put all of that to the definitive lie. And now a federal judge in DC is very likely to order limited discovery into what DOGE real is, and does -- to answer whether it must produce its records as any other part of Tangerine 2.0's cabinet level entities must. Here's Musk's last ditch -- and likely failing -- effort filed tonight, in the case (and a bit of the double-speak, below):

. . .CREW cites the directive to “implement” the President’s DOGE Agenda in Executive Order 14,158, but [we've claimed this refers] to the entire DOGE structure (including DOGE Teams at federal agencies); the word “implement” is purely prefatory language [Ed. Note: but of course! Another instance of words meaning only what Musk says they mean!] that explains why the President signed the Executive Order; and even if the term “implement” standing alone was suggestive of something more [Ed.: it is; it suggests lots of action!], the term must be construed in light of the full text of the Executive Orders and presidential memorandum, which assign to USDS specific and purely advisory responsibilities. ECF No. 24-1 at 22-23.

CREW also cites Executive Order language directing Agency DOGE Team leads to coordinate their work with USDS, and directing each Agency DOGE Team lead to provide a monthly hiring report for the agency to USDS. [Obviously, he will lose, here.] Motion at 12-13. . . .

I think you gave the ball-game away, there fellers. It is all a bit like being at some Mad Hatter's Tea Party, on Ketamine, with these goofs. Onward, and well argued by CREW -- it will win the FOIA documents -- even if it takes a few months' time.

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