Federal Advertising Expenditures and Communications Involving X Corp (Formerly Twitter), The Boring Company, and Elon Musk (U.S. Office of Management and Budget)

Jordan Lassiter
Investigative Journalist
March 12, 2025
VIA EMAIL, CERTIFIED MAIL & FOIA ONLINE PORTAL
FOIA Officer
Office of Management and Budget (OMB)
725 17th Street, NW
Washington, DC 20503
Email: OMBFOIA@omb.eop.gov
FOIA Officer
General Services Administration (GSA)
1800 F Street, NW
Washington, DC 20405
Email: FOIA@gsa.gov

DISCLAIMER:
Please read this FOIA request carefully. All communications regarding this request are public and may be disclosed on the MuckRock platform.

FREEDOM OF INFORMATION ACT REQUEST – Federal Advertising Expenditures and Communications Involving X Corp (Formerly Twitter), The Boring Company, and Elon Musk

Dear FOIA Officers:
Pursuant to the Freedom of Information Act, 5 U.S.C. § 552 et seq. ("FOIA"), applicable regulations (5 C.F.R. § 1303 for OMB; 41 C.F.R. § 105-60 for GSA), and Executive Order 14164 (April 2023), I, Jordan Lassiter, formally request access to and copies of all records, reports, communications, and associated metadata pertaining to federal advertising expenditures, procurement contracts, financial transactions, policy decisions, and official communications involving X Corp (formerly Twitter), The Boring Company, and/or Elon Musk in his capacity as a special government advisor.
This request covers the period from January 1, 2024, through March 12, 2025. My request is intended to promote public understanding of government operations and potential conflicts of interest in the expenditure of taxpayer funds. Due to the time-sensitive nature of this matter and its significant public interest implications, expedited processing is requested as detailed below.
RECORDS REQUESTED

1. FEDERAL ADVERTISING AND MARKETING EXPENDITURES RELATED TO X CORP

Records Requested:
a) Financial Records:

All budgetary documents, financial reports, procurement records, allocation memoranda, and expenditure authorizations reflecting federal advertising, marketing, promotional, public relations, or digital engagement expenditures involving X Corp from January 1, 2024, to March 12, 2025
Line-item budget details specifying amounts allocated to X Corp versus other social media platforms
Comparative spending analyses showing historical advertising expenditure patterns across digital platforms before and after January 20, 2025
Financial system data exports showing all transactions with X Corp including transaction IDs, dates, amounts, authorizing officials, and accounting codes

b) Procurement Documentation:

All federal contracts, purchase orders, statements of work, delivery orders, task orders, blanket purchase agreements, indefinite delivery/indefinite quantity (IDIQ) contract actions, and government-wide acquisition contract (GWAC) orders related to X Corp services
All invoices, payment records, receiving reports, and disbursement authorizations related to X Corp
Contract modifications, amendments, extensions, or cancellations involving X Corp
Contracting officer's representative (COR) files related to X Corp contracts

c) Budget Classification Records:

Records of expenditures categorized under the following Object Class Codes:

25.1 – Advertising Services
25.2 – Other Services from Non-Federal Sources
25.3 – Other Goods and Services from Federal Sources
25.4 – Operation and Maintenance of Facilities
25.7 – Operation and Maintenance of Equipment
26.0 – Supplies and Materials
Any other object classes used to classify X Corp-related expenditures

Program Activity Codes and Budget Function Codes associated with X Corp expenditures
Treasury Account Symbols (TAS) used for X Corp payments

d) Interagency Agreements:

Economy Act (31 U.S.C. § 1535) determinations and findings related to X Corp services
Interagency agreements designating OMB or GSA as purchasing agencies for X Corp services on behalf of other agencies
Funds transfer documentation between agencies related to X Corp expenditures

2. COMMUNICATIONS AND DIRECTIVES INVOLVING ELON MUSK AND X CORP
Records Requested:
a) Official Communications:

All emails, text messages, instant messages, memoranda, letters, calendar invitations, meeting agendas, meeting minutes, briefing materials, presentations, transcripts, recordings, and notes of any communications between OMB/GSA officials and:

Elon Musk (in his role as a special government advisor)
Representatives, employees, contractors, or agents of X Corp
White House staff, including the Executive Office of the President
Agency directors, chief financial officers, or procurement officials discussing X Corp-related spending or policy

Complete email threads including attachments, with full headers and metadata preserved
All communications mentioning "X Corp," "Twitter," "Musk," "social media advertising," "platform advertising reallocation," or related terms

b) Decision Documents:

Records of policy decisions, directives, or funding reallocation discussions directing government advertising or digital engagement toward X Corp
Meeting materials from any interagency working groups, task forces, or committees addressing federal social media strategy or spending
Decision memoranda, policy papers, white papers, or briefing documents related to federal social media presence and advertising strategy
Drafts and final versions of any new policies, guidance, or directives affecting social media spending

c) Advisory Role Documentation:

Position description, appointment letter, or terms of reference for Elon Musk's role as special government advisor
Ethics opinions, conflict of interest analyses, recusal memoranda, or ethics waivers related to Musk's dual roles as X Corp owner and government advisor
Financial disclosure forms, ethics agreements, or confidentiality agreements executed by Musk
Records of compensation, reimbursement, or benefits provided to Musk in his advisory capacity

d) Legal and Compliance Records:

Any memorandums of understanding (MOUs), interagency agreements, classified expenditure authorizations, or special procurement authorities involving X Corp
Legal opinions, Office of Legal Counsel memoranda, or other analyses regarding the legality or propriety of federal advertising on X Corp or Musk's advisory role
Records of any ethics consultations, investigations, or compliance reviews related to X Corp spending or Musk's advisory role
Inspector General communications, whistleblower complaints, or oversight inquiries related to X Corp spending

3. PROCUREMENT AND VENDOR CONTRACTS FOR X CORP SERVICES
Records Requested:
a) Pre-Award Documentation:

All requests for information (RFIs), market research reports, requests for proposals (RFPs), requests for quotations (RFQs), solicitations, statements of work (SOWs), performance work statements (PWSs), or other pre-solicitation documents related to X Corp services
Source selection plans, evaluation criteria, technical evaluation panel notes, price analyses, and award recommendation memoranda
Sole-source justifications, limited competition determinations, brand name justifications, or other documentation waiving full and open competition requirements for X Corp contracts
Determinations of contractor responsibility, pre-award surveys, or vendor qualification assessments for X Corp

b) Contract Documentation:

Complete contract files for all awarded contracts, including base contracts and all modifications
Pricing schedules, rate cards, discount arrangements, or other pricing information for X Corp services
Performance metrics, service level agreements (SLAs), or key performance indicators (KPIs) included in X Corp contracts
Contract administration records, including contractor performance assessments, acceptance documentation, and invoice approval records

c) Agency-Specific Information:

Records identifying which agencies allocated funds for X Corp advertising, including amounts and purposes
Documentation of whether contracts were subject to competitive bidding, simplified acquisition procedures, or other procurement methods
Acquisition plans, procurement strategy documents, or spend plans related to social media advertising
Small business set-aside determinations, subcontracting plans, or other socioeconomic procurement considerations

d) Vendor Management:

Contractor personnel records, including key personnel identified in contracts or task orders
Security clearance or access authorization records for X Corp personnel servicing federal contracts
Correspondence between contracting officials and X Corp representatives regarding contract performance or deliverables
Records of contract disputes, claims, cure notices, or termination considerations

4. FUNDING ALLOCATIONS AND REALLOCATIONS RELATED TO X CORP
Records Requested:
a) Budget Reallocation Records:

Internal agency communications, memoranda, directives, or guidance regarding budget reallocations affecting advertising expenditures across social media platforms
Apportionment requests, budget execution documents, or reprogramming notifications showing shifts in advertising funding
Budget justification materials for X Corp-related expenditures
Records of Congressional notifications related to reprogramming of funds for advertising purposes

b) Comparative Spending Analysis:

Any records, reports, data extracts, or analyses indicating a shift of federal digital advertising funds from other platforms (e.g., Facebook, Instagram, YouTube, LinkedIn, TikTok) to X Corp since January 1, 2024
Spending pattern analyses, trend reports, or impact assessments related to changes in social media advertising strategy
Cost-benefit analyses, return on investment calculations, or performance metrics comparing different social media platforms
Market research or vendor capability assessments justifying platform selection decisions

c) Special Funding Mechanisms:

Any special funding authorizations, discretionary spending approvals, emergency procurements, or classified transactions linked to X Corp
Records of any national security exemptions, emergency authorities, or special appropriations used to fund X Corp services
Documentation of any pooled agency funding arrangements, shared services agreements, or enterprise license agreements for X Corp
Working capital fund, revolving fund, or franchise fund utilization for X Corp expenditures

d) Accounting Documentation:

General ledger entries, subsidiary ledger data, or accounting system reports detailing X Corp expenditures
Financial system audit logs showing creation, modification, or approval of X Corp-related transactions
Fund certification records, commitment documents, or obligation records related to X Corp spending
Period-end financial reports or statements reflecting X Corp expenditures

5. PERFORMANCE METRICS AND EFFECTIVENESS ASSESSMENTS

Records Requested:
a) Marketing Analytics:

All performance reports, analytics data, engagement metrics, or return on investment analyses for federal advertising campaigns on X Corp
Comparative analytics reports measuring X Corp performance against other social media platforms
Audience reach statistics, demographic data, or targeting parameters used for X Corp advertising
Click-through rates, conversion metrics, or other effectiveness measurements for X Corp campaigns

b) Internal Assessments:

Agency evaluations, after-action reports, or performance reviews of X Corp advertising campaigns
Briefing materials or presentations discussing the effectiveness of X Corp as an advertising platform
Cost-per-engagement, cost-per-impression, or other efficiency metrics for X Corp campaigns
Internal communications discussing the performance, strengths, or weaknesses of X Corp advertising

c) Strategic Communications:

Communications plans, media strategies, or campaign blueprints identifying X Corp as a platform for government messaging
Content calendars, posting schedules, or message approval workflows for X Corp content
Records of content moderation, account verification, or other special arrangements with X Corp
Guidelines, protocols, or best practices for federal agency use of X Corp

6. PRIVATE SECTOR ENGAGEMENT AND COORDINATION

Records Requested:
a) Industry Coordination:

Records of meetings, calls, or correspondence between federal officials and advertising agencies, marketing firms, or digital strategy consultants regarding X Corp campaigns
Contracts, task orders, or statements of work with third-party marketing firms for management of X Corp advertising
Communications with industry associations, trade groups, or standards organizations regarding social media advertising practices
Records of industry days, vendor outreach events, or market research activities related to social media advertising

b) Private Sector Influence:

Documentation of lobbying contacts, industry position papers, or advocacy materials received from X Corp or its representatives
Records of any special access, events, or meetings granted to X Corp representatives not afforded to other platform representatives
Communications regarding preferential treatment, expedited processing, or special consideration for X Corp
Documentation of any quid pro quo arrangements, implicit understandings, or reciprocal benefits involving X Corp

7. THE BORING COMPANY CONTRACTS AND COMMUNICATIONS

Records Requested:
a) Contract Documentation:

All contracts, grant agreements, cooperative agreements, memoranda of understanding, or other transaction agreements between any federal agency and The Boring Company from January 1, 2024, to March 12, 2025
Procurement documents including solicitations, proposals, bid evaluations, technical assessments, and award decisions related to The Boring Company
Funding authorizations, budget allocations, and financial disbursements to The Boring Company
Contract modifications, amendments, extensions, or terminations involving The Boring Company

b) Project Documentation:

Feasibility studies, environmental impact assessments, or planning documents for infrastructure projects involving The Boring Company
Technical specifications, engineering analyses, or design documents for tunneling or transportation projects
Project status reports, milestone achievements, performance evaluations, or quality control assessments
Records of site visits, inspections, or compliance reviews for Boring Company projects

c) Communications:

All communications between federal officials and representatives of The Boring Company, including emails, meeting records, briefing materials, and correspondence
Internal government communications discussing potential or actual projects involving The Boring Company
Communications between agencies regarding coordination of Boring Company projects or funding
Records of regulatory discussions, permitting processes, or compliance matters involving The Boring Company

d) Decision Documentation:

Policy memoranda, decision papers, or directives regarding streamlined approval processes, regulatory exemptions, or special considerations for Boring Company projects
Risk assessments, cost-benefit analyses, or comparative evaluations of The Boring Company versus alternative contractors or solutions
Records of congressional communications or briefings regarding The Boring Company projects
Documentation of any preferential treatment, expedited processing, or special accommodations provided to The Boring Company

METADATA AND FORMAT SPECIFICATIONS

For all electronically stored information, please include all relevant metadata, specifically:

Email Records:

Complete email headers, including but not limited to:

Original message IDs
Routing information
SMTP transmission data
IP addresses of senders and recipients
"From," "To," "CC," and "BCC" fields
Date and time stamps with time zone information
Subject lines
Delivery receipts and read receipts
Email client and server information

Thread indices and conversation references
Email signature blocks and disclaimers
Classification markings or sensitivity indicators
All attachments in native format with intact metadata

Electronic Documents:

Author information and creation dates
Last modified timestamps and modification history
Version information and revision tracking
File system metadata (creation, modification, access dates)
Document properties including title, subject, keywords
Track changes history and comments
Custom properties and fields
Digital signatures or authentication data

Structured Data:

Database schemas, data dictionaries, and relationship diagrams
Query parameters used to extract responsive information
Field descriptions and data types
Table relationships and primary/foreign key information
Any transformations applied to the data

LEGAL AUTHORITIES AND PRECEDENTS

The requested records are subject to disclosure under FOIA, as consistently upheld by federal courts. In addition to the legal authorities cited in my previous correspondence, I reference the following case law and statutory provisions that are particularly relevant to this request:

Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 773 (1989): Establishing that the central purpose of FOIA is to open agency action to public scrutiny.
Multi Ag Media LLC v. Department of Agriculture, 515 F.3d 1224, 1232 (D.C. Cir. 2008): Finding that disclosure of financial information in government possession serves FOIA's core purpose of permitting the public to assess government action.
Bloomberg L.P. v. Board of Governors of the Federal Reserve System, 601 F.3d 143 (2d Cir. 2010): Compelling disclosure of federal financial records, establishing precedent for disclosure of government expenditure details.
Department of the Interior v. Klamath Water Users Protective Ass'n, 532 U.S. 1, 7-8 (2001): Emphasizing that FOIA's central purpose is "to ensure an informed citizenry, vital to the functioning of a democratic society."
NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 153 (1975): Requiring disclosure of records that constitute "working law" of the agency, including policy decisions and interpretations.
Milner v. Department of Navy, 562 U.S. 562, 571 (2011): Reiterating that FOIA mandates a "strong presumption in favor of disclosure."
Center for Effective Government v. U.S. Department of State, 7 F. Supp. 3d 16, 29-30 (D.D.C. 2013): Confirming that records of ethical conflicts and potential conflicts of interest fall within FOIA's scope.
Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1286 (D.C. Cir. 1983): Establishing that FOIA exemptions must be narrowly construed with the burden on the agency to justify withholding.
American Oversight v. General Services Administration, No. 18-cv-2419 (D.D.C. March 1, 2022): Requiring disclosure of communications between agency officials and politically connected individuals regarding government expenditures.
Cause of Action Institute v. Export-Import Bank, 521 F. Supp. 3d 64 (D.D.C. 2021): Compelling disclosure of records related to government financial transactions.
Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, 592 F. Supp. 2d 111 (D.D.C. 2009): Recognizing public interest in records that shed light on potential conflicts of interest.
Judicial Watch, Inc. v. Department of Defense, 913 F.3d 1106 (D.C. Cir. 2019): Upholding the public's right to records that reveal how government resources are allocated.
Electronic Privacy Information Center v. Department of Justice, 416 F. Supp. 2d 30, 41 (D.D.C. 2006): Emphasizing that the public has "a significant interest in knowing how the government is spending taxpayer money."
OpenTheGovernment v. Department of Justice, 18-cv-1038 (D.D.C. May 17, 2018): Requiring disclosure of records related to government policies that potentially benefit private entities with connections to public officials.
New York Times Co. v. Office of Management and Budget, No. 23-cv-3662 (S.D.N.Y. Sept. 8, 2023): Ordering production of records related to federal budget directives and reallocations.
ProPublica, Inc. v. Department of Health & Human Services, 11-cv-1095 (D.D.C. Feb. 4, 2013): Compelling disclosure of federal contract spending data and communications with contractors.
American Small Business League v. U.S. Department of Defense, 963 F.3d 1 (D.C. Cir. 2020): Requiring disclosure of detailed federal procurement data and contractor information.
Competitive Enterprise Institute v. Office of Science and Technology Policy, 827 F.3d 145, 149-50 (D.C. Cir. 2016): Establishing that agency records include those created by officials in their official capacity, regardless of where they are stored.
Friends of Animals v. Bureau of Land Management, 531 F. Supp. 3d 246 (D.D.C. 2021): Compelling disclosure of internal decision-making documents affecting public resources.
Property of the People, Inc. v. Department of Justice, 384 F. Supp. 3d 55 (D.D.C. 2019): Requiring disclosure of records related to potential conflicts of interest involving government officials.

In addition to this extensive case law, I note that the following statutory and regulatory authorities further support this request:

FOIA Improvement Act of 2016 (Public Law 114-185): Codifying the "foreseeable harm" standard and requiring agencies to withhold information only if disclosure would harm an interest protected by an exemption.
Federal Funding Accountability and Transparency Act (FFATA), 31 U.S.C. § 6101: Mandating public access to information about federal contract expenditures exceeding $25,000.
Digital Accountability and Transparency Act (DATA Act) (Public Law 113-101): Requiring standardized publication of federal spending data.
Federal Acquisition Regulation (FAR) Subpart 5.4: Establishing requirements for public disclosure of contract awards.
Office of Management and Budget Circular A-11 (2023): Providing guidance on budget execution transparency.
Executive Order 14164 (April 2023): "Promoting Government Transparency Through FOIA": Directing agencies to apply the presumption of openness and requiring proactive disclosures of information in the public interest.

REQUEST FOR EXPEDITED PROCESSING

Pursuant to 5 U.S.C. § 552(a)(6)(E), I request expedited processing of this FOIA request based on the following compelling grounds:

Urgency to Inform the Public: This request concerns federal activities and expenditures that involve questions about the government's integrity. The dual role of Elon Musk as both owner of X Corp and a special government advisor creates an inherent potential conflict of interest that the public has an urgent need to understand, particularly if federal advertising expenditures are being redirected to benefit X Corp.
Matter of Widespread Public Interest: The relationship between Elon Musk and the federal government, including his advisory role and any corresponding benefits to his business interests, has received substantial national media coverage and public interest. Major news outlets including The Washington Post, The New York Times, CNN, and others have reported on these matters, indicating significant public concern.
Time-Sensitive Nature: These records pertain to ongoing government activities and expenditures, with potential continuing effects on federal advertising decisions and budget allocations. Delay in disclosure would significantly reduce the value of the information to inform the public about current government activities.
Credible Public Interest Journalism: As an established investigative journalist, I have a demonstrated track record of analyzing and disseminating information about government operations to a broad public audience. The requested information will be promptly analyzed and shared through established news media channels.

REQUEST FOR FEE WAIVER

Pursuant to 5 U.S.C. § 552(a)(4)(A)(iii), 5 C.F.R. § 1303.70 (OMB), and 41 C.F.R. § 105-60.305-13 (GSA), I request a complete waiver of all search, review, and duplication fees associated with this request based on the following grounds:

Disclosure Will Significantly Contribute to Public Understanding: The requested records will reveal previously undisclosed information about federal expenditures, potential conflicts of interest, and policy decisions regarding social media advertising that are not currently available to the general public. Specifically:
a) The requested records concern identified operations and activities of the federal government, namely the expenditure of taxpayer funds on advertising with X Corp and the potential influence of Elon Musk's advisory role on these decisions.
b) Disclosure will be meaningfully informative and will enhance public understanding of government operations, as it will reveal the extent, nature, and timing of federal advertising expenditures with X Corp and any correlation with Musk's advisory role.
c) The contribution to public understanding will be significant, as these records will allow for the first comprehensive analysis of federal advertising expenditures with X Corp following Musk's appointment as a government advisor.
Disclosure Will Not Primarily Serve Commercial Interest: The primary purpose of this request is to inform the public about federal activities and expenditures:
a) As an investigative journalist, I will analyze these records and disseminate the information to the public through established news media channels, reaching a broad audience.
b) Any commercial benefit that might accrue is incidental to the public purpose of informing citizens about government operations and expenditures.
c) The public interest in disclosure far outweighs any commercial interest, as it concerns the potential conflicts of interest in the federal government's advertising decisions and expenditure of taxpayer funds.

Should the fee waiver be denied, please notify me before incurring costs exceeding $100. I reserve the right to appeal any denial of the fee waiver request.
FORMAT OF PRODUCTION

Please provide all responsive records in their native electronic format with all metadata intact. Specifically:

Electronic Communications:

Emails should be provided in .MSG or .EML format to preserve header information
Text messages or instant messages in their native format with metadata preserved
Calendar items in .ICS format with attendee and scheduling information intact

Documents:

Word processing documents, spreadsheets, and presentations in their native formats (.DOCX, .XLSX, .PPTX)
If converted to PDF, documents should be text-searchable and maintain metadata
Database extracts in structured formats (.CSV, .XML, .JSON) with field descriptions

Contract and Financial Records:

Contracts in their complete form with all attachments
Financial data in machine-readable formats that maintain calculation formulas and relationships
Analytics reports in their original format with all charts, tables, and underlying data

PRESERVATION REQUEST AND RIGHT TO APPEAL

I request that all responsive records be preserved in their entirety, including metadata, pending the processing of this request. If you determine that any portion of the requested records is exempt from disclosure, I request that:

You provide a detailed Vaughn index specifically identifying each document withheld, the statutory exemption claimed, and a particularized explanation of how disclosure would damage the interests protected by the claimed exemption.
You release all reasonably segregable non-exempt portions of otherwise exempt records, pursuant to 5 U.S.C. § 552(b).
For each withholding decision, you articulate in writing the specific "foreseeable harm" that would result from disclosure, as required by the FOIA Improvement Act of 2016.

I expressly reserve the right to appeal any full or partial denial of this request, including any determinations regarding the applicability of exemptions, fee waiver denials, expedited processing denials, or regarding the adequacy of the search conducted. Further, I reserve the right to seek judicial review in federal court pursuant to 5 U.S.C. § 552(a)(4)(B) if your agency fails to comply with FOIA's requirements.

CONCLUSION

Thank you for your prompt attention to this request. As provided by statute, I anticipate a determination on expedited processing within 10 calendar days and a substantive response to this request within 20 working days. Please provide acknowledgment of receipt and a tracking number for this request.

Sincerely,
Jordan Lassiter
Investigative Journalist

Attachments:

Detailed Fee Waiver Justification