Trump Administration Classifies DOE Documents on DOGE Funding as Confidential

The Trump administration has instructed officials at the Department of Energy (DOE) to classify documents related to the Department of Government Efficiency (DOGE) as "privileged and confidential." This directive aims to prevent the disclosure of these documents under the Freedom of Information Act (FOIA) requests. The documents in question are used by DOE officials to evaluate DOGE's funding and contracts, and they are to be marked with a legal privilege designation to ensure confidentiality.

The directive was outlined in a memorandum issued by the DOE's acting general counsel, David R. Taggart, on March 17. The memorandum provides guidelines for DOE officials to identify funding and contracts that may be terminated or renegotiated. Political appointees are tasked with determining whether these funding and contracts are "efficient" or "aligned with the DOE's policies and priorities."

Taggart emphasized the need for brevity and consistency in filling out the electronic forms provided by DOGE, citing the "heavy litigation environment" surrounding DOGE-related budget cuts. The memorandum suggests that nearly all departments within the DOE could be affected, including the national laboratory system, as each laboratory is managed by a contracted private company.

The standard contracts of the DOE include clauses that allow the termination of funding if it "no longer assists in achieving project goals or institutional priorities." The memorandum hints at the potential implementation of DOGE's budget-cutting measures, suggesting that once these electronic forms leave the DOE offices, they may not undergo extensive scrutiny.

Officials are urged to fill out the forms as comprehensively as possible to avoid overlooking the nuances between the covered contracts and funding, which could lead to the termination of effective agreements or the retention of inefficient ones. This directive underscores the administration's efforts to maintain secrecy around certain government operations, particularly those related to the evaluation of government efficiency programs.

The move to classify these documents raises concerns about the administration's commitment to transparency and accountability. While governments often classify certain documents to protect sensitive information, the classification of documents related to government efficiency evaluations suggests a desire to shield these evaluations from public scrutiny. This could potentially hinder the public's ability to hold the government accountable for its use of taxpayer funds.

This directive adds to the growing list of concerns about the administration's approach to government transparency. The Trump administration has faced criticism in the past for its handling of government documents and its approach to transparency. It remains to be seen how this directive will impact the public's ability to access information about government efficiency programs and the use of taxpayer funds.