Trump Administration Shielded DOGE Documents - DOE Directive

DOE Instructs Staff on Protecting DOGE Assessment Documents

The Department of Energy (DOE) has issued guidance to its personnel regarding the handling of documentation utilized by DOGE in its evaluation of the agency’s grants and contracts.

Specifically, the DOE advises that these documents should be designated with “legal privilege” to safeguard them from disclosure when responding to requests made under the Freedom of Information Act.

DOGE's Assessment Process and Data Collection

DOGE has provided the agency with spreadsheets designed for completion by DOE officials.

These spreadsheets are intended to pinpoint grants and contracts potentially subject to termination or renegotiation.

A memo, dated March 17th and obtained by Axios, details these DOGE-related procedures within the DOE, as outlined by the department’s acting general counsel, David R. Taggart.

Criteria for Evaluation

The memo instructs political appointees to assess whether existing grants and contracts align with DOE policies and priorities, and whether they are being executed in an “efficient” manner.

Emphasis on Concise and Consistent Reporting

Taggart emphasized the need for brevity and consistency when completing the spreadsheets.

This is due to the “heavy litigation environment” anticipated surrounding any departmental cuts linked to DOGE’s assessments.

Broad Scope of Potential Review

According to the memo, it is anticipated that few areas within the DOE will be exempt from review.

This includes the DOE’s national laboratory system, as these facilities are managed by private companies operating under contract.

Contractual Basis for Termination

The standard contracts employed by the DOE include provisions allowing for the termination of an award if it is determined to no longer support program objectives or agency priorities.

Limited Scrutiny Post-Submission

The memo suggests a potentially streamlined process for enacting DOGE-driven cuts, implying limited further review once the completed spreadsheets are submitted from DOE offices.

Importance of Granular Detail

Officials are encouraged to provide highly detailed information.

Aggregating awards into broader categories “might overlook nuances between the covered contracts and grants that might result in terminating efficient agreements or keeping inefficient agreements,” the memo states.