Federal Judge Halts Access to Treasury Payment Systems by Elon Musk’s DOGE Team
Irving A Jiménez
Working with Tensor Networks (R7d MERA) Applied to Organizational Design (CAP). Do f(x) + x instead of just f(x).
Context
The newly formed Department of Government Efficiency (DOGE) has been granted access to sensitive Treasury payment systems that contain personally identifiable information (PII). This access, as argued, poses cybersecurity risks and could be used to block payments to individuals and entities that do not align with the President's political agenda in violation of law.
According to the New York Times: “Judge Engelmayer ordered any such official who was granted access to the systems since Jan. 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.” He also restricted the Trump administration from granting access to these categories of officials.”
The defendants—President Trump, Treasury Secretary Scott Bessent, and the Treasury Department—should show cause on Feb. 14 before Judge Jeannette A. Vargas (of Puerto Rican roots), who is handling the case on a permanent basis.
Lawsuit Arguments:
1. Exceeding Statutory Authority (APA Violation):
Pages 46-47: The lawsuit argues that the defendants' actions exceed their statutory authority under various federal laws and regulations. Specifically, granting political appointees and “special government employees” (SGE) access to BFS payment systems without a legal basis is viewed as an unauthorized expansion of access that violates existing statutes.
2. Violations of Privacy and Security Laws:
Pages 48-50: Several privacy and security laws are cited as being violated by the new policy:
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3. Arbitrary and Capricious Action (APA Violation):
Page 51: The defendants are accused of not providing a reasoned explanation for changing the policy from one where access was restricted to career civil servants to one that includes political appointees and SGEs, thereby acting arbitrarily and capriciously.
4. Ultra Vires Action:
Page 52: The policy is considered beyond legal power or authority because it involves the blocking or impeding payments as appropriated by Congress, which is beyond the scope of the defendants' legal authority.
5. Violation of Separation of Powers Doctrine:
Pages 52-54: The lawsuit claims that by attempting to control the disbursement of funds, the defendants are usurping the legislative authority of Congress, which is tasked with the power of the purse.
6. Violation of the Take Care Clause:
Page 54: The defendants are accused of failing to faithfully execute laws enacted by Congress, violating the President's constitutional duty under the Take Care Clause.
Finally, these arguments collectively challenge the legality and constitutionality of allowing broader access to sensitive payment systems, highlighting procedural and substantive legal transgressions. The lawsuit requests injunctions to revert the policy changes and declarations affirming the unlawful actions.
Reference:
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, C.A. No. 25-CV-1144: REQUEST FOR EMERGENCY TEMPORARY RESTRAINING ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 65(B)
Combat Veteran Secret Clearance Federal or State Job to Retirement
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