A federal judge has temporarily blocked Elon Musk's "department of government efficiency" (Doge) from accessing the U.S. Treasury Department's records, which contain sensitive personal data. This decision comes after a lawsuit filed by 19 Democratic attorneys general, led by New York Attorney General Letitia James. The lawsuit challenges Doge's access, emphasizing the potential security risks and the violation of federal administrative law and the U.S. Constitution's separation of powers doctrine.
The legal action, lodged in a federal court in New York City, argues that the Treasury Secretary, Scott Bessent, altered the department's policy on safeguarding sensitive personal and financial information. This policy change permitted Musk's team to access the department's payment systems. Critics claim that this access could disrupt funding already appropriated by Congress, exceeding the treasury department's statutory authority. Moreover, the lawsuit accuses Secretary Bessent of unauthorized policy changes without proper authorization.
The payment system in question is a critical mechanism that handles tax refunds, social security benefits, veterans' benefits, and more, disbursing trillions of dollars annually. It encompasses an extensive network of Americans' personal and financial data. The judge in Washington intervened, temporarily restricting access to two employees with "read only" privileges.
Doge was established to identify and eliminate what the Trump administration perceived as wasteful government spending. Musk's team initiated its investigation by scrutinizing payments made by USAid, the U.S. Agency for International Development. However, according to Letitia James, this "unelected group" sought unauthorized access to block essential payments that millions of Americans rely on.
"This unelected group, led by the world's richest man, is not authorized to have this information, and they explicitly sought this unauthorized access to illegally block payments that millions of Americans rely on, payments for health care, childcare and other essential programs." – Letitia James
The lawsuit seeks a preliminary injunction to halt Doge's access to the treasury department's data. This measure aims to protect the privacy expectations of federal fund recipients and uphold the legal obligations concerning such sensitive data.
"This decision failed to account for legal obligations to protect such data and ignored the privacy expectations of federal fund recipients,"
The upcoming hearing on February 14 will further address these issues as the court considers whether to impose a preliminary injunction against Doge's access.