DOGE’s desperate claw back attempt spectacularly crumbles, cementing the public’s right to see evidence of their official conduct

A judge has ruled that videos of recent depositions from DOGE members can be published online again, overturning an earlier order that had forced plaintiffs to “claw back” the already viral footage, as reported by 404 Media. This decision is a significant win for transparency, especially after Judge Colleen McMahon had initially ordered the videos removed from public view.

These videos offer one of the first direct glimpses into the inner workings of DOGE, featuring members Justin Fox and Nate Cavanaugh. The depositions show them struggling to define DEI and even admitting to using ChatGPT to filter contracts. They specifically looked for terms like “Black” and “homosexual” to potentially axe projects, but notably not “white.” The uploaded depositions also include testimony from NEH officials Adam Wolfson and Michael McDonald.

The lawsuit itself involves the American Council of Learned Societies, the American Historical Association, and the Modern Language Association as plaintiffs. These organizations are suing Fox, Cavanaugh, the National Endowment for the Humanities (NEH), and others. Their core grievance is the cutting of hundreds of millions of dollars worth of contracts that were perceived as being DEI-related.

This ruling is a big step towards understanding the justifications behind those actions

Judge McMahon’s reasoning in her latest ruling really hits home on the importance of public access. She wrote that “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 added that the subject matter—how government officials handled their responsibilities—falls squarely within that core public interest.

Naturally, the plaintiffs are pretty thrilled with this outcome. Joy Connolly, president of the American Council of Learned Societies, shared in a statement that “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.” She stressed their commitment to pursuing justice and reclaiming government support for important humanities research, education, and sustainability initiatives.

Sarah Weicksel, executive director of the American Historical Association, echoed this sentiment. She said they are pleased that this evidence, which documents DOGE’s workings and the dismantling of the National Endowment for the Humanities, will remain part of the publicly accessible historical record. Paula Krebs, executive director of the Modern Language Association, also weighed in, stating they are pleased with the ruling in defense of everyone’s First Amendment rights.

She highlighted that these depositions document what was previously undocumented: how DOGE worked to silence projects that tell the American story, making clear the public’s stake in understanding the processes that nearly destroyed the NEH.

The Modern Language Association first uploaded these DOGE depositions to its YouTube channel earlier in January. They quickly went viral after news organizations clipped segments from the hours of material. Following this widespread coverage, which the government explicitly referenced in a court filing, officials asked the judge to intervene. They claimed Fox had received death threats and that the videos could lead to harassment and “reputational harm.” That’s when the judge initially ordered the plaintiffs to “immediately take any and all possible steps to claw back the videos.”

While the depositions were temporarily unavailable on the plaintiffs’ YouTube channels, dedicated archivists quickly uploaded copies to the Internet Archive and even distributed them as a torrent. It’s a testament to how quickly information can spread and be preserved in the digital age. Now, you can find the videos readily available on the YouTube channels of the American Historical Association and the American Council of Learned Societies.