Judge Rules Viral DOGE Deposition Videos Can Remain Online

A federal judge in Manhattan ruled on Monday, March 23, 2026, that viral deposition videos featuring former employees of the Department of Government Efficiency (DOGE) can be reposted to the internet.

The decision by Judge Colleen McMahon marks a significant moment in the ongoing legal battle between scholarly groups and the National Endowment for the Humanities (NEH) over sweeping grant cuts made last year.

The videos, which total nearly 25 hours of testimony, were temporarily removed ten days ago following government complaints that the witnesses were facing intense online harassment and death threats.

The judicial ruling currently stands as a primary victory for transparency advocates.

Its primary mandate involves protecting the "public’s right to understand the operations of their government," particularly concerning the inner workings of DOGE.

The testimony from former staffers Justin Fox and Nate Cavanaugh, both in their late 20s with backgrounds in tech and finance, revealed they had used ChatGPT to flag hundreds of grants for elimination.

These cuts targeted projects the AI deemed related to "radical and wasteful" Diversity, Equity, and Inclusion (DEI) programs, including a documentary on Jewish women who were slave laborers during the Holocaust.

The controversy will also absorb and expand upon the broader debate over AI-driven governance.

A critical component of the "spicy" public reaction is a clip where Mr. Fox justifies flagging the Holocaust project because it focused on "marginalized voices," which he claimed made it "inherently related to DEI."

While these justifications drew widespread ridicule from academics, Elon Musk defended the employees on social media, calling Mr. Cavanaugh "legendarily based."

One lead plaintiff cited the "cavalier demeanor" of the witnesses as the primary reason the clips have resonated so strongly with the public.

One of the most immediate challenges for the government was proving that removing the videos would actually stop the harassment. Observers cited the "permanent global distribution" of the footage across X, TikTok, and Reddit as the primary reason Judge McMahon found a takedown order would be ineffective.

“Aren’t they proud of the work they did?” the judge asked during the hearing, suggesting that public officials acting in their official capacities must be subject to high levels of accountability.

She noted that the government failed to show "particularized harm" that outweighed the apex of public interest in government transparency.

The establishment of this legal precedent follows the gutting of nearly $100 million in humanities grants that had been approved during the previous administration.

While the underlying lawsuit, which claims the cuts violated the First Amendment, is still pending, the emphasis remains on the Modern Language Association and other groups reposting the footage to the "publicly available historical record."

Director-level officials at the DOJ declined to comment on the ruling, though they previously argued that the testimony was never intended for the entire internet to see.

As the videos resurface on YouTube and social media, the question remains: “Will the exposure of these 'automated' budget cuts lead to a formal overhaul of how DOGE operates, or will the administration continue to use AI as its primary tool for shrinking the federal government?”, a question that will be central to the upcoming May 1 General Strike protests.