Supreme Court halts orders directing DOGE document production; DHS cuts off access to ChatGPT and other commercial AI

The Supreme Court temporarily stayed two lower court orders Friday that mandated the production of documents and other information from the Department of Government Efficiency. In a brief order from Chief Justice John Roberts, the high court stayed the discovery process in the public records lawsuit against DOGE pending another order by the court. The now-stayed orders from Judge Christopher Cooper of the U.S. District Court for the District of Columbia had granted an expedited discovery schedule that required DOGE to turn over information about its inner workings and have its administrator, Amy Gleason, give a deposition. The decision, for now, allows the Trump administration to withhold information about the Elon Musk-associated efficiency arm while the justices review the government’s appeal. On Wednesday, Solicitor General D. John Sauer asked the high court for emergency relief in the case, arguing that Cooper’s decision turned the Freedom of Information Act “on its head.” At the heart of the case, which was brought by the government watchdog nonprofit Citizens for Responsibility and Ethics in Washington, is the question of whether DOGE constitutes an “agency” for the purposes of FOIA. While the administration says that DOGE is exempt from public records laws as a presidential advisory body, the nonprofit argues that the efficiency team has wielded “substantial independent authority” and as such is subject to FOIA and the Federal Records Act, which requires preservation of records. Staff at the Department of Homeland Security are no longer allowed to use commercial generative artificial intelligence tools like ChatGPT and Claude, according to a memo sent to employees this month. The move is a reversal of a previous policy — which had conditionally allowed the use of commercial systems — and a pivot toward technology developed in-house. Earlier this month, DHS’s chief information officer, Antoine McCord, sent a memo directing component tech offices to begin “restricting” the use of generative AI systems and pointing employees to internal tools. Older guidance, which the CIO described as “outdated” and “too narrowly” focused on commercial generative AI, was also removed from an online list of IT management directives. The decision comes as federal agencies weigh various pathways toward integrating generative AI into their workflows, a priority of both the Biden and Trump administrations. While some government agencies initially blocked generative AI systems, CIOs have slowly started to develop usage policies. Some agencies, like DHS and the General Services Administration, have now built their own platforms based on commercial technologies, while others have opted to use products like ChatGPT Gov through government cloud systems. The Daily Scoop Podcast is available every Monday-Friday afternoon. If you want to hear more of the latest from Washington, subscribe to The Daily Scoop Podcast  on Apple Podcasts, Soundcloud, Spotify and YouTube.