“The FCC has sought to delay the production of responsive documents and obscure the existence of responsive records,” the filing said, and “has made it clear that it will not make a good faith effort to produce responsive documents.” “Accordingly, discovery is required and will speed up the document production process by helping the plaintiffs identify liable documents.”
carr’s phone
The filing said there was evidence that Carr had Signal messaging set up on a phone he used for FCC business. Carr’s phone number was previously disclosed in a FoIA request, which turned up an email from a Fox News producer in November 2024 confirming an interview. “Entering that number into the Signal app shows he has an active Signal account under the username ‘Brandon Carr,'” the filing said.
A court filing submitted by the FCC on June 3 stated that Carr did not have phone numbers for DOGE personnel and that “it is agency policy not to download additional messaging applications onto FCC phones (e.g., Signal, WhatsApp).” The plaintiffs counter that Carr likely exchanged messages with Musk or other high-ranking DOGE executives.
“Plaintiffs do not know whether the number identified in Exs. 4 and 5 belongs to Carr’s personal phone or to a government-issued phone,” the filing states. “What we do know is that a phone is being used for government business and has a Signal account in Carr’s name. Based on information and belief Carr regularly conducts government business via text and Signal messages, communicating with journalists, industry professionals, and individuals working for regulated entities such as Musk and SpaceX.”
The plaintiffs said the FCC’s statement that Carr did not have phone numbers for DOGE personnel does not resolve the matter.
“It is unlikely that Carr would have communicated with individuals at that level. Carr would have communicated with Musk or other high-ranking DOGE executives,” the filing said. The plaintiff said a previous case involving DOGE showed that “DOGE personnel regularly conducted business on their personal phones using text messages, specifically 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 the plaintiffs’ objections. It also said that the 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 they respond with a comment.
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