Trump administration demands immediate cessation of 'impermissible' court order that restricts access to Treasury systems
The directive prevented DOGE from accessing an essential government payment system.
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“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the president,” Justice Department attorneys stated in an 11-page legal filing, labeling the order as “impermissible” and “anti-constitutional.”
The attorneys have requested U.S. District Judge Jeannette Vargas, based in Manhattan, to swiftly nullify or amend the order to allow Treasury Secretary Scott Bessent and his senior team to be informed about the payment system and carry out their legally mandated duties.
Earlier, a separate federal judge, U.S. District Judge Paul Engelmayer, issued the order limiting access to the system, permitting only career employees with the proper training. This restriction followed lawsuits from states claiming that access given to allies of Elon Musk, embedded within the Treasury, posed risks to the security of the enormous database, potentially opening it up to hacking or manipulation.
Justice Department attorneys indicated they are working with the states to quickly reach an agreement to modify Engelmayer's order. Vargas mentioned on Monday that if an agreement was not achieved by 5 p.m., she would call for an expedited review of the situation by late Monday night.
The Engelmayer ruling sparked outrage among Trump allies, who claimed that it was an inappropriate interference by a judge, hindering the president's capacity to manage the Treasury and could inhibit Bessent's ability to lead the department. Some allies even suggested that the administration might want to disregard the order.
However, the Justice Department pointed out in its filing that Treasury officials have been complying with the stringent limitations set by Engelmayer. Before the judge's ruling, only one official affected by the order — Musk associate Thomas Krause — had access to the system. In a seven-page statement, Krause asserted that he has ceased his access and complied with the order's restrictions.
Krause explained that his access prior to the limits was “over the shoulder,” allowing him to view data accessed by authorized Treasury employees and copies of “source code.” Additionally, the Justice Department noted that another Musk associate, Marko Elez, who recently resigned due to controversy over racist social media posts, previously had access to code copies in a “sandbox environment.” Although Musk has hinted at rehiring Elez, the Justice Department's filing mentioned only his departure and that he had returned his equipment and credentials.
Krause underscored the urgency for Treasury leaders to regain access to the system in order to meet their responsibilities. Furthermore, the system is frequently accessed by outside agencies and organizations that facilitate payments to the government.
The Justice Department is pressing Vargas to immediately lift Engelmayer’s restrictions or, at a minimum, delay them until further arguments can be presented in court.
James del Carmen contributed to this report for TROIB News