The FCC “has sought to delay the production of responsive documents and obfuscate the existence of responsive records,” and “made it clear that it will not undertake a good faith effort to produce responsive documents,” the filing said. “Accordingly, discovery is required and will speed the document production process by helping the Plaintiffs identify responsive documents.”
Carr’s phone
The filing said there is evidence that Carr has Signal messaging set up on a phone he uses for FCC business. Carr’s phone number was previously disclosed in a FoIA request that turned up a November 2024 email from a Fox News producer who was confirming an interview. Entering that “number into the Signal app shows that he has an active Signal account under the username ‘Brendan Carr,’” the filing said.
A court filing submitted by the FCC on June 3 said that Carr did not have phone numbers for DOGE personnel and that “it is agency policy not to download additional messaging applications on FCC phones (e.g., Signal, WhatsApp).” Plaintiffs counter that Carr likely exchanged messages with Musk or other high-ranking DOGE officials.
“Plaintiffs do not know whether the number identified in Exs. 4 and 5 belongs to Carr’s personal phone or a government issued phone,” the filing said. “What we do know is that a 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 through text and Signal messages, communicating with journalists, industry professional and individuals who work for regulated entities, such as Musk and SpaceX.”
Plaintiffs said the FCC’s statement that Carr did not have phone numbers for DOGE personnel doesn’t settle the matter.
“It is unlikely that Carr would have communicated with individuals at that level. Carr would have communicated with Musk or other highly placed DOGE officials,” the filing said. Plaintiffs said a previous case involving DOGE showed that “DOGE personnel routinely conducted business on their personal phones using text messages, especially the Signal app.”
The filing separately accused the FCC of limiting its records search to emails with FCC, DOGE, and GSA (General Services Administration) domains, despite plaintiffs’ objections. It also said that travel documents provided by the FCC did not include anything about Carr’s visits to Starlink facilities.
We contacted the FCC today and will update this article if it provides any comment.
