Judge leaves intact a ban on DOGE access to Treasury records pending a hearing Friday
Share and Follow

NEW YORK — A federal judge on Tuesday made some clarifications but left intact a ban for now that prevents Elon Musk’s Department of Government Efficiency from accessing Treasury Department records containing sensitive personal data for millions of Americans.

Judge Jeannette A. Vargas in Manhattan issued an order to continue a ban prior to a hearing Friday. The ban was put in place last week by another federal New York jurist in response to a lawsuit that 19 Democratic attorneys general brought against President Donald Trump.

Justice Department attorneys told Vargas in a filing on Sunday that the ban was unconstitutional and needed to be immediately reversed.

They made additional arguments in a written submission on Tuesday, saying the ban limits Trump’s “ability to give direction to his subordinates” to ensure that annual outlays of $5 trillion by Treasury’s Bureau of the Fiscal Service are being handled with efficiency.

Vargas made changes to the ban to clarify its reach. For instance, she said Treasury Department officers nominated by Trump and confirmed by the Senate can access the records, making it clear that Treasury Secretary Scott Bessent is not subject to the ban.

The lawsuit contended that Musk’s ‘DOGE’ team was composed of “political appointees” who should not have access to Treasury records handled by “civil servants” specially trained in protecting such sensitive information as Social Security and bank account numbers.

Justice Department attorneys from Washington and New York argued in court papers Sunday that the ban was unconstitutional and a “remarkable intrusion on the Executive Branch” that must be immediately reversed. They said there was no basis for distinguishing between “civil servants” and “political appointees.”

“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President,” they wrote. The lawyers said the ban on accessing the records by Musk’s team “directly severs the clear line of supervision” required by the Constitution.

Vargas wrote in her order that it was not necessary yet to confront the constitutional questions raised by Justice Department attorneys.

Friday’s show cause hearing is another step in the litigation to see if the attorneys general can eventually obtain a permanent ban.

Last weekend, Musk and Vice President JD Vance cited the ban in a broad attack on the legitimacy of judicial oversight, a pillar of American democracy based on the separation of powers.

Musk’s Department of Government Efficiency was created to find and eliminate wasteful government spending. Its access to Treasury records and its inspection of government agencies has led critics to criticize Musk while his supporters praise the idea of reining in bloated government finances.

Copyright © 2025 by The Associated Press. All Rights Reserved.

Share and Follow
You May Also Like
Terrified tourists flee after one 'offered elephant food' in Sri Lanka

Tourists in Sri Lanka Make Hasty Escape After Elephant Encounter

In a heart-stopping encounter in Sri Lanka, tourists were forced to flee…
Gary Elementary School teacher's 'Go ICE' post on social media draws outrage from West Chicago School District 33 community

West Chicago School Community Outraged by Controversial ‘Go ICE’ Post from Gary Elementary Teacher

In West Chicago, Illinois, a recent social media post by an elementary…
USS Abraham Lincoln Aircraft Carrier Strike Group makes move amid threat from Iran

USS Abraham Lincoln Carrier Strike Group Mobilizes in Response to Iranian Threats

The USS Abraham Lincoln aircraft carrier has made its way into the…
Trump backs away from DEI case, but advocates survey a grim landscape

Trump’s Retreat from DEI: What It Means for Advocates Facing a Challenging Future

In a notable development, the Trump administration’s recent withdrawal from a lawsuit…
University of Michigan junior Allison Voto poses of a photo inside the Michigan Union on the University of Michigan campus in Ann Arbor, Mich., Jan. 17, 2026. (AP Photo/Emily Elconin)

Myanmar Student’s Education in Michigan Halted by Trump’s Travel Ban

When Patrick Thaw finally connected with his University of Michigan friends, it…
Kristen Stewart plans dramatic exit from US over Trump's America-first film industry policies

Kristen Stewart’s Bold Departure: Escaping Trump’s Hollywood with a Global Vision

Kristen Stewart is considering relocating from the United States, citing concerns about…
Watchdog group exposes Idaho colleges' alleged scheme to sidestep new DEI law

Idaho Colleges Under Scrutiny: Watchdog Unveils Alleged Tactics to Bypass DEI Law

A watchdog group is urging Idaho’s attorney general to investigate a newly…
Chicago weather: Bitter cold remains after weekend snow storm; O'Hare, Midway getting back to normal after weekend cancellations

Chicago Weather Update: Frigid Conditions Persist Post-Snowstorm as O’Hare and Midway Airports Recover from Weekend Disruptions

CHICAGO (WLS) — After a bout of snowfall, the Chicago area finds…