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Musk's DOGE asks Supreme Court to shield it from transparency lawsuit

Musk's DOGE asks Supreme Court to shield it from transparency lawsuit

Axios21-05-2025

The Department of Government Efficiency asked the Supreme Court Wednesday to block a lower court's order that it provide a government watchdog group with documents about its work.
Why it matters: The request is a retreat from Elon Musk's November vow that DOGE would provide " maximum transparency" as it set about firing thousands of federal workers, ending billions in spending and attempting to eliminate entire agencies.
Driving the news: Solicitor General D. John Sauer argued in a Wednesday filing to the Supreme Court that DOGE should be exempted from the Freedom of Information Act because it is an advisory body and not a federal agency.
A federal district court judge ruled in March that DOGE is likely subject to the sunshine law because it has "substantial independent authority" from the president — the legal test for determining whether FOIA applies.
The watchdog group Citizens for Responsibility and Ethics in Washington had sued DOGE, seeking records of its involvement in mass firings of federal workers.
What they're saying: The government in its request to the Supreme Court said the district court's ruling "turns FOIA on its head" because the judge ordered the requested documentation be produced before making a final determination on whether the open records law even applies in this instance.
"And that order clearly violates the separation of powers, subjecting a presidential advisory body to intrusive discovery and threatening the confidentiality and candor of its advice, putatively to address a legal question that never should have necessitated discovery in this case at all."
The government is asking the Supreme Court to halt the district court's order.
The other side:" While DOGE continues to attempt to fight transparency at every level of justice, we look forward to making our case that the Supreme Court should join the District Court and Court of Appeals in allowing discovery to go forward," CREW said in a statement emailed to Axios.

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Would you hail a 'robotaxi'? Musk bets cabs will give Tesla a lift after boycotts and sales plunge
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Would you hail a 'robotaxi'? Musk bets cabs will give Tesla a lift after boycotts and sales plunge

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Would you hail a 'robotaxi'? Musk bets cabs will give Tesla a lift after boycotts and sales plunge
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time23 minutes ago

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Would you hail a 'robotaxi'? Musk bets cabs will give Tesla a lift after boycotts and sales plunge

NEW YORK (AP) — Elon Musk promised in 2019 that driverless Tesla 'robotaxis' would be on the road 'next year,' but it didn't happen. A year later, he promised to deliver them the next year, but that didn't happen either. Despite the empty pledges the promises kept coming. Last year in January, Musk said, 'Next year for sure, we'll have over a million robotaxis.' Would you settle for 10 or 12? Musk appears to be on the verge of making his robotaxi vision a reality with a test run of a small squad of self-driving cabs in Austin, Texas, starting Sunday. Reaching a million may take a year or more, however, although the billionaire should be able to expand the service this year if the Austin demo is a success. The stakes couldn't be higher, nor the challenges. While Musk was making those 'next year' promises, rival Waymo was busy deploying driverless taxis in Los Angeles, San Diego, Austin and other cities by using a different technology that allowed it to get to market faster. 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But then it will quickly ramp up and spread to other cities, eventually reaching hundreds of thousands if not a million vehicles next year. Some Musk watchers on Wall Street are skeptical. 'How quickly can he expand the fleet?' asks Garrett Nelson, an analyst at CFRA. 'We're talking maybe a dozen vehicles initially. It's very small." Morningstar's Seth Goldstein says Musk is being classic Musk: Promising too much, too quickly. 'When anyone in Austin can download the app and use a robotaxi, that will be a success, but I don't think that will happen until 2028," he says. 'Testing is going to take a while.' Musk's tendency to push up the stock high with a bit of hyperbole is well known among investors. In 2018, he told Tesla stockholders he had 'funding secured' to buy all their shares at a massive premium and take the company private. But he not only lacked a written commitment from financiers, according to federal stock regulators who fined him, he hadn't discussed the loan amount or other details with them. More recently, Musk told CNBC in May that Tesla was experiencing a 'major rebound' in demand. A week later an auto trade group in Europe announced sales had plunged by half. Musk has come under fire for allegedly exaggerating the ability of the system used for its cars to drive themselves, starting with the name. Full Self-Driving is a misnomer. The system still requires drivers to keep their eyes on the road because they may need to intervene and take control at any moment. Federal highway safety regulators opened an investigation into FSD last year after several accidents, and the Department of Justice has conducted its own probe, though the status of that is not known. Tesla has also faced lawsuits over the feature, some resulting in settlements, other dismissed. In one case, a judge ruled against the plaintiffs but only because they hadn't proved Musk 'knowingly' made false statements. Musk says the robotaxis will be running on an improved version of Full Self-Driving and the cabs will be safe. He also says the service will be able to expand rapidly around the country. His secret weapon: Millions of Tesla owners now on the roads. He says an over-the-air software update will soon allow them to turn their cars into driverless cabs and start a side business while stuck at the office for eight hours or on vacation for a week. 'Instead of having your car sit in the parking lot, your car could be earning money,' Musk said earlier this year, calling it an Airbnb model for cars. 'You will be able to add or subtract your car to the fleet.' Musk says Tesla also can move fast to deploy taxis now because of his decision to rely only on cameras for the cars to navigate, unlike Waymo, which has gone a more expensive route by supplementing its cameras with lasers and radar. 'Tesla will have, I don't know,' Musk mused in an conference call with investors, '99% market share or something ridiculous.' Given Waymo's head start and potential competition from Amazon and others, dominating the driverless market to that extent could be a reach. But Dan Ives, a Wedbush Securities analyst and big Musk fan, says this time Musk may actually pull it off because of Tesla's ability to scale up quickly. And even skeptics like Morningstar's Goldstein acknowledge that Musk occasionally does gets things right, and spectacularly so. 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