The Department of Justice (DOJ) under President Trump has taken legal action to dissolve a temporary restraining order (TRO) issued by Judge Paul Engelmayer. This order restricts access to the Treasury Department’s payment systems, permitting only civil servants with a demonstrable need to use the system in their official capacity. Importantly, the order excludes Elon Musk and his Department of Government Efficiency (DOGE) from system access.
According to the court filing, the DOJ argues the TRO is excessively broad, impacting “all political appointees,” including Treasury Secretary Scott Bessent. The department contends that the order represents an “unprecedented intrusion” into executive authority as it effectively separates civil servants from political appointees, a distinction DOJ argues is without justification.
This point of view aligns with comments from Vice President JD Vance, who argued against judicial overreach on social media, stating that “judges aren’t allowed to control the executive’s legitimate power” (JD Vance’s tweet).
If the court does not dissolve the TRO, the DOJ seeks its modification or clarification. The Justice Department is prepared to appeal should the court decline these requests. This lawsuit is one among several initiated by 19 Democratic state attorneys general challenging Musk and the DOGE. Separately, two lawsuits filed by the National Treasury Employees Union aim to thwart DOGE’s efforts at the dismantling of the Consumer Financial Protection Bureau and its access to employee records within the agency.
Elon Musk reacted strongly, labeling Judge Engelmayer a “corrupt judge” and advocating for his impeachment in a tweet, escalating tensions between the administration and the judiciary. This contentious legal battle underscores the ongoing friction between the procedure of governance and judicial oversight.
Read more on the ongoing legal proceedings in the JURIST article.