Federal judge grants New York Times' request for Musk's security clearances list

“Musk’s numerous public statements regarding his own drug use and contacts with foreign leaders only enhance the public interest in disclosure,” Judge Denise Cote wrote

By Natalia Mittelstadt

Published: October 9, 2025 3:25pm

A federal judge has granted The New York Times' request for a list of Elon Musk's security clearances.

The Times filed a lawsuit in the U.S. District Court for the Southern District of New York early in President Trump's second term, requesting a two-page document that listed any security clearances granted to Musk, after the Defense Counterintelligence and Security Agency denied the newspaper's Freedom of Information Act request, Mediaite reported.

The DCSA refused to provide the list to the Times on the grounds that it would “invade Musk’s privacy.” District Court Judge Denise Cote, a Clinton appointee, rejected the DCSA’s argument on Wednesday and ordered the document to be released, pending an additional review for specific redactions.

“Musk’s numerous public statements regarding his own drug use and contacts with foreign leaders only enhance the public interest in disclosure,” wrote Cote, citing the DCSA’s “duty of ‘continuous vetting’ to ensure that individuals granted security clearances ‘continue to meet clearance requirements and should continue to hold positions of trust.'”

She also said Musk’s company SpaceX has been “awarded numerous contracts” by the federal government for years, making it “one of the largest federal contractors,” and that it “is not disputed that SpaceX handles sensitive government information,” including its subsidiary Starlink, which has government contracts to provide satellite-based internet services for the U.S. military.

Cote noted multiple public comments made by Musk, in which he said he had “a top secret security clearance” and other clearances, as well as his posts on his X account of “issues relevant to [DCSA security clearance review] topics, including his personal drug use and contacts with foreign leaders.”

A Times spokesperson told Mediaite in a statement: "The Times brought this case because the public has a right to know about how the government conducts itself. The decision reaffirms that fundamental principle and we look forward to receiving the document at issue."