The FCC is accused of withholding communications from Chairman Carr and DOGE and Musk

The FCC “has sought to delay the production of responsive documents and to disrupt the availability of responsive documents,” and “has made it clear that it will not exercise due diligence to produce responsive documents,” he said. “Consequently, discovery is necessary and will expedite the document production process by helping Plaintiffs identify documents to respond to.”

Carr’s phone

The filing said there was evidence that Carr had Signal communications set up on a phone he used for FCC business. Carr’s phone number was previously disclosed in a FoIA request that included a November 2024 email from a Fox News producer confirming the interview. Entering “the number into the Signal app indicates that he has an active Signal account under the username ‘Brendan Carr,'” the filing said.

A court reservation issued by the FCC on June 3 stated that Carr did not have the phone numbers of DOGE employees and that “it is agency policy not to download additional text messages from FCC phones (eg, Signal, WhatsApp).” Prosecutors argue that Carr may have exchanged messages with Musk or other top DOGE officials.

“The prosecution does not know whether the number identified in Exs. 4 and 5 belongs to Carr’s phone or a government-issued phone,” it said. “What we do know is that the phone is being used for government business and that it has a Signal account in Carr’s name. Based on information and belief Carr regularly conducts government business via text and Signal, communicates with the media, industry experts and people who work in space agencies, such as Musk and SpaceX.”

Critics said the FCC’s claim that Carr did not have the phone numbers of DOGE employees does not resolve the issue.

“It is unlikely that Carr could have communicated with the public at that level. Carr could have communicated with Musk or other DOGE officials,” he said. Prosecutors said a previous case against DOGE showed that “DOGE employees tend to conduct business on their phones using text messages, especially the Signal app.”

The ruling separately criticized the FCC for restricting searches of emails owned by the FCC, DOGE, and GSA (General Services Administration), despite opposition. It also said that the warrants issued by the FCC did not include any information about Carr’s visits to the Starlink facility.

We contacted the FCC today and will update this story if it responds.