In a recent ruling, the court granted limited discovery regarding whether the US Digital Service (USDS) operates with substantial authority independent of the President, potentially subjecting it to FOIA scrutiny. The judge highlighted ambiguity around USDS's authority structure, referencing executive orders that suggest the agency plays a more active role than merely advising the President. The Trump administration sought to overturn this decision, arguing it infringes on presidential privileges, but the appeals court denied their petition, clarifying the scope of the discovery is modest and not intrusive.
'The structure of USDS and the scope of its authority are critical to determining whether the agency is 'wield[ing] substantial authority independently of the President.'"
"Trump's executive orders appear to support CREW's argument by suggesting 'that USDS is exercising substantial independent authority.'"
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