A federal judge in Washington on Friday handed Elon Musk's government efficiency team a win by declining a request to temporarily block it from accessing sensitive data from at least three federal agencies. (AP Images)
However, Bates called his finding a "close question," noting that the government did not want DOGE to be considered an agency for purposes of another federal law, which would subject it to open records requests.
Bates, who was appointed by President George W. Bush, said DOGE was a "Goldilocks entity: not an agency when it is burdensome but an agency when it is convenient."
"Plaintiffs have not shown a substantial likelihood that [DOGE] is not an agency. If that is so, [DOGE] may detail its employees to other agencies consistent with the Economy Act," he wrote in part.
The newly minted agency, a key promise of President Donald Trump’s reelection campaign, is aggressively slashing government waste when it comes to government spending. It was created via executive order and is a temporary organization within the White House that will spend 18 months carrying out its mission.
'WASTEFUL AND DANGEROUS': DOGE'S TOP FIVE MOST SHOCKING REVELATIONS
The Justice Department has argued that the DOGE personnel in question are "detailed" U.S. government employees who have access to the information under provisions of the Economy Act.
Musk hailed the decision by reposting the news on X with the caption: "LFG," an abbreviation for "Let’s f---ing go."
Judge Bates suggested earlier Friday that DOGE's creation and its hierarchy were "odd," noting that it "was created in a way to get it out of OMB [Office of Management and Budget] and instead answering to the chief of staff of the president."
President Donald Trump signs executive orders in the Oval Office. DOGE was created via executive order and is a temporary organization within the White House that will spend 18 months carrying out its mission. (Anna Moneymaker/Getty Images)
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Separately, on Friday, a federal judge extended a temporary order blocking DOGE from accessing payment systems within the Treasury Department.
That extension came after 19 state attorneys general filed a lawsuit claiming DOGE illegally accessed the Treasury Department’s central payment system at the Trump administration’s behest.
Fox News’ Brie Stimson and Reuters contributed to this report.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
https://www.foxnews.com/politics/doge-scores-big-court-win-allowed-access-data-3-federal-agencies