A federal judge is poised to decide whether Elon Musk’s Department of Government Efficiency (DOGE) will regain immediate access to sensitive Treasury Department records containing personal data for millions of Americans.
Judge Jeannette A. Vargas ordered both sides to submit written arguments after negotiations over possible amendments to a prior ruling failed to yield an agreement. This ruling, issued early Saturday by another Manhattan judge, temporarily blocked Musk’s team from accessing the records. If no changes are made, the ban will remain in place until a scheduled hearing on Friday. However, Vargas is expected to rule as early as Tuesday on the Justice Department’s urgent request to overturn the ban.
Controversy over Musk’s treasury access
The legal battle began on Friday when 19 Democratic attorneys general, including New York Attorney General Letitia James, filed a lawsuit against President Donald Trump. They argued that Musk’s DOGE team consisted of political appointees who should not have access to Treasury records managed by trained civil servants. These records include sensitive information such as Social Security numbers and bank account details.
In response, Justice Department attorneys from Washington and New York submitted a filing on Sunday asserting that the ban was unconstitutional. They argued that preventing Musk’s team from accessing Treasury data was a significant overreach by the judiciary and an unprecedented intrusion on the Executive Branch. The lawyers further contended that there was no legal distinction between civil servants and political appointees when it came to oversight responsibilities.
The Justice Department’s filing also criticised the abrupt nature of the ruling by Judge Paul A. Engelmayer, stating that Musk’s team was given no meaningful opportunity to present arguments before the order was issued. They warned that the broad wording of the ruling could even be interpreted as preventing Treasury Secretary Scott Bessent from accessing his own department’s records.
“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President,” the filing stated. “The ban on accessing the records by Musk’s team directly severs the clear line of supervision required by the Constitution.”
Political firestorm and security concerns
The case has sparked a political firestorm, with Musk and Vice President JD Vance attacking judicial oversight as an obstacle to government efficiency.
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On his social media platform, Musk called Judge Engelmayer “a corrupt judge protecting corruption,” demanding his immediate impeachment. Meanwhile, speaking to reporters aboard Air Force One en route to the Super Bowl in New Orleans, President Trump dismissed the ruling, saying: “No judge should frankly be allowed to make that kind of decision.”
Critics of Musk’s role in government operations argue that his access to Treasury records raises serious security concerns. Experts warn that allowing DOGE to handle sensitive financial and personal data without the rigorous security protocols followed by career Treasury staff could expose millions of Americans to privacy risks.
Late Monday, lawyers representing the attorneys general defended Engelmayer’s ruling. While they acknowledged that minor modifications might be necessary, they insisted that the core restriction should remain in place to ensure that only career Treasury officials with proper security clearances could access the data.
Musk’s mission and public reaction
Musk’s Department of Government Efficiency was created to identify and eliminate wasteful government spending. His supporters argue that granting his team access to Treasury records is essential for exposing financial mismanagement and streamlining government operations. However, critics accuse him of overreach, questioning whether DOGE is being used as a tool for political influence rather than genuine reform.
As the legal showdown intensifies, all eyes are on Judge Vargas, whose ruling could shape the balance of power between the Executive Branch and the judiciary while determining how government records are accessed and managed.
