Summary
The D.C. Circuit denied the government's petition for a writ of mandamus seeking to halt limited district court discovery into whether the U.S. Digital Service constitutes an agency under the Freedom of Information Act. The court dissolved an administrative stay and dismissed the stay motion as moot, concluding that the government failed to establish a clear right to mandamus relief or demonstrate the absence of adequate alternative remedies. The memorandum notes that the government forfeited its separation-of-powers objections by failing to raise them in the district court and emphasizes that FOIA agency status depends on a functional analysis of the entity's actual authority.
Topics
Practice areas
Questions Presented
- Whether the petition for a writ of mandamus should be granted to halt the district court's limited discovery order.
Holdings
- The petition for mandamus is denied; the administrative stay is dissolved and the stay motion is dismissed as moot.
Key quotations
“Mandamus is an extraordinary remedy, appropriate only when the petitioner can show that (1) it has no other adequate means to attain the relief it desires, (2) its right to the writ is clear and indisputable, and (3) issuance of the writ is appropriate under the circumstances.” (at 1)
“Accordingly, we will deny mandamus even if a petitioner’s argument, though ‘pack[ing] substantial force,’ is not clearly mandated by statutory authority or case law.” (at 2)
Factual background
The government sought to stop a district court order that allowed limited discovery into the United States DOGE Service (USDS) to determine if USDS is an "agency" under FOIA. Citizens for Responsibility and Ethics in Washington (CREW) had initiated the underlying FOIA suit seeking records about USDS. The government argued the discovery intruded on presidential prerogatives, but offered no substantive privilege objections.
Procedural history
The district court entered an order permitting limited discovery to determine whether the United States DOGE Service is an agency under FOIA. The United States government filed a petition for mandamus in the D.C. Circuit challenging that order. The Circuit denied the petition and dissolved an administrative stay.