The Department of Justice is seeking to lift a judge's order that prevents President Donald Trump's Department of Government Efficiency from accessing the Treasury Department's payment systems, arguing it could be read to cover all political leadership within the agency, including Secretary Scott Bessent.
A ruling by U.S. District Judge Paul A. Engelmayer, a Barack Obama appointee, of the Southern District of New York early Saturday restricted access to Treasury Department payment systems and other data to "all political appointees, special government employees, and government employees detailed from an agency outside the Treasury Department."
Engelmayer's ruling came hours after 19 Democrat-led states, led by New York Attorney General Letitia James, filed a lawsuit Friday alleging the administration violated the law by expanding access to sensitive Treasury Department data to DOGE staff, who were was tasked by Trump to streamline the federal government by eliminating waste and fraud.
The ruling temporarily prohibits DOGE from doing some work at the Treasury Department at least until a Friday hearing, which will be overseen by U.S. District Judge Jeannette Vargas, a Joe Biden appointee, who is taking over the case from Engelmayer, according to The Hill.
On Sunday night, the DOJ responded in a memorandum submitted by Danielle Sassoon, interim U.S. attorney for the Southern District of New York, claiming that Engelmayer's ruling "is a remarkable intrusion on the Executive Branch that is in direct conflict with Article II of the Constitution, and the unitary structure it provides."
"There is not and cannot be a basis for distinguishing between 'civil servants' and 'political appointees,'" the memorandum stated. "Basic democratic accountability requires that every executive agency's work be supervised by politically accountable leadership, who ultimately answer to the President.
"A federal court, consistent with the separation of powers, cannot insulate any portion of that work from the specter of political accountability. No court can issue an injunction that directly severs the clear line of supervision Article II requires. Because the Order on its face draws an impermissible and anti-constitutional distinction, it should be dissolved immediately."
The DOJ noted that it reached out to the plaintiffs' attorneys Sunday "to discuss the bases for this motion and whether plaintiffs would consent to the relief being requested." It said the parties "are in negotiation and hope to at least narrow the issues before the Court in the very near future."
Vargas ordered that if no deal is reached, the states must respond to the DOJ's filing by 5 p.m. ET on Monday, according to The Hill. The DOJ can then file a reply brief by 11 p.m. ET on Monday.
Newsmax reached out to James' office for comment.
DOGE, led by Tesla CEO and X owner Elon Musk, also is facing legal challenges regarding access to the Consumer Financial Protection Bureau. On Sunday, the National Treasury Employees Union, which represents more than 1,000 employees at the bureau, filed two lawsuits over DOGE's efforts.
The first case seeks to prevent DOGE's dismantling of the agency, and the other seeks to block DOGE's access to bureau employees' personal information. Other legal challenges reportedly have been waged against DOGE's efforts at the Labor and Education departments.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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