(WASHINGTON) — A federal judge is allowing the release of deposition videos of two former DOGE staffers, ruling that the risk of “embarrassment and reputational harm” is not enough to overcome the public interest in the videos.
U.S. District Judge Colleen McMahon on Monday lifted an earlier order requiring a group of nonprofits to remove the videos from the internet after lawyers with the Justice Department argued that the former Department of Government Efficiency staffers faced threats because of the depositions’ release.
While Judge McMahon acknowledged that the former staffers faced threats, she said the DOJ could not prove a “particularized harm” to the former staffers that would overcome the public interest in their official conduct as government employees.
“Here, the testimony in the videos concerns the conduct of public officials acting in their official capacities — a context in which the public interest in transparency and accountability is at its apex,” she wrote.
Judge McMahon concluded that ordering the videos removed would have little impact on the alleged threats because the videos had been already shared hundreds of thousands of times online.
The DOJ, she said, failed to prove that ordering the removal of the videos “would materially reduce the alleged risk of harm or embarrassment.”
“The videos have already been widely disseminated across multiple platforms, including YouTube, X, TikTok, Instagram, and Reddit, where they have been shared, reposted, and viewed by at least hundreds of thousands of users, resulting in near-instantaneous and effectively permanent global distribution,” she said.
“This is a predictable consequence of dissemination in the modern digital environment, where content can be copied, redistributed, and indefinitely preserved beyond the control of any single actor,” wrote the judge.
“This decision validates our position that the publication of the videos, which document a process to destroy knowledge and access to vital public programs, was indeed in the public’s interest,” said Joy Connolly, president of the American Council of Learned Societies, one of the nonprofits that released the videos. “We look forward to continuing the pursuit of justice in reclaiming government support for important humanities research, education, and sustainability initiatives.”
The videos were initially released as part of an ongoing civil lawsuit related to the funding cuts carried out by DOGE as part of President Donald Trump’s efforts to trim the size of the federal government. In the videos, two former DOGE staffer. — Justin Fox and Nate Cavanaugh — were questioned about their push to cut more than $100 million in humanities grants, and acknowledged they used DEI keywords and ChatGPT to identify grants to eliminate.
“You don’t regret that people might have lost important income … to support their lives?” an attorney asked one of the staffers about the grant cancellations.
“No. I think it was more important to reduce the federal deficit from $2 trillion to close to zero,” the staffer said.
“Did you reduce the federal deficit?” the attorney asked.
“No, we didn’t,” he said.
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