Judge set to rule on Justice Department's demands that Musk resume access to Treasury records

[February 11, 2025]  By LARRY NEUMEISTER

NEW YORK (AP) — A federal judge is likely to quickly decide whether to grant Justice Department demands that Elon Musk’s Department of Government Efficiency be allowed to immediately resume accessing Treasury Department records containing personal data for millions of Americans.

Judge Jeannette A. Vargas had ordered lawyers to meet and confer over any changes needed to an order issued early Saturday by another Manhattan judge that banned Musk’s team from accessing the records and to file written arguments if an agreement was not reached. If unchanged, the order will remain in effect until a Friday hearing.

Lawyers resumed filing their arguments late Monday, leaving it to the judge to rule on the federal government's request that access to the records be immediately restored on the grounds that it was unconstitutional to block Musk's work. Vargas required both sides to complete submissions in time for her to rule as early as Tuesday.

On Friday, 19 Democratic attorneys general, including New York Attorney General Letitia James, sued President Donald Trump on the grounds that Musk's “DOGE” team was composed of “political appointees” who should not have access to Treasury records handled by “civil servants” specially trained to protect sensitive information like Social Security and bank account numbers.

Justice Department attorneys from Washington and New York told Vargas in a filing on 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.”

They said they were complying with the Saturday order by Judge Paul A. Engelmayer in Manhattan federal court. But they complained that the order was “overbroad” so that some might think even Treasury Secretary Scott Bessent was banned by it and they also noted that they had no meaningful chance to present arguments before the judge ruled.

 Elon Musk listens as Republican presidential nominee former President Donald Trump speaks at a campaign event at the Butler Farm Show on Oct. 5, 2024, in Butler, Pa. (AP Photo/Alex Brandon, File)

“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.

Over the weekend, Musk and Vice President JD Vance cited Engelmayer's ruling in a broader attack on the legitimacy of judicial oversight, a fundamental pillar of American democracy, which is based on the separation of powers.

“A corrupt judge protecting corruption. He needs to be impeached NOW!” Musk said.

Speaking to reporters aboard Air Force One on his way from Florida to the Super Bowl in New Orleans, Grump said: “No judge should frankly be allowed to make that kind of decision.”

Meanwhile, some experts say Musk's efforts to access Treasury information raises security concerns regarding Americans’ personal information.

Late Monday, lawyers for the attorneys general responded to the Justice Department's claims, saying minor modifications to Englemayer's order might be necessary, but that the essence of it should remain intact to limit access to Treasury systems to career Treasury staff who have passed background checks and gotten security clearances.

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.

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