Supreme Court Pauses DOGE Disclosure DHS Restricts AI
Supreme Court Intervenes in DOGE Transparency Case
The Supreme Court issued a temporary halt on Friday to two lower court orders that would have compelled the Department of Government Efficiency (DOGE) to release documents and other information. In a concise order from Chief Justice John Roberts, the high court has paused the discovery process in a public records lawsuit filed against DOGE, pending further court orders.
The orders, now on hold, originated from Judge Christopher Cooper of the U.S. District Court for the District of Columbia. These orders had approved an accelerated discovery timeline, requiring DOGE to disclose details about its internal operations and for its administrator, Amy Gleason, to provide a deposition. This Supreme Court decision currently allows the Trump administration to keep information about the Elon Musk-linked efficiency department confidential while the justices consider the government's appeal.
Earlier in the week, on Wednesday, Solicitor General D. John Sauer petitioned the Supreme Court for emergency relief. He argued that Judge Cooper's ruling effectively inverted the purpose of the Freedom of Information Act (FOIA). The core issue in this lawsuit, initiated by the government watchdog group Citizens for Responsibility and Ethics in Washington (CREW), revolves around whether DOGE qualifies as an "agency" under FOIA regulations. The administration contends that DOGE, as a presidential advisory body, is exempt from public records laws. Conversely, CREW argues that the efficiency team has exercised "substantial independent authority," making it subject to both FOIA and the Federal Records Act, which mandates the preservation of records. You can read more about the initial halt on FedScoop.
DHS Shifts Stance on Commercial AI Tools
In a significant policy change, staff at the Department of Homeland Security (DHS) are now prohibited from using commercial generative artificial intelligence tools such as ChatGPT and Claude. This directive was communicated in a memo distributed to employees this month. This move marks a reversal from a previous policy that had permitted the conditional use of commercial AI systems, signaling a shift towards internally developed AI technology.
Earlier this month, Antoine McCord, DHS’s chief information officer, issued a memo instructing component technology offices to start “restricting” the use of generative AI systems. Employees were directed to utilize internal tools instead. Previous guidance on this matter, which the CIO labeled as “outdated” and “too narrowly” focused on commercial generative AI, was also removed from the official online list of IT management directives. This decision aligns with broader efforts across federal agencies to determine the best ways to integrate generative AI into their operations, a goal shared by both the Biden and Trump administrations. While some government agencies had initially blocked access to generative AI systems, chief information officers have gradually begun to formulate usage policies. Certain agencies, including DHS and the General Services Administration, have developed their own platforms based on commercial technologies. Others have chosen to use products like ChatGPT Gov through government cloud infrastructure. Further details on this policy change are available from FedScoop.
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