NEW YORK — A federal judge has clarified aspects of a current injunction that restricts Elon Musk’s Department of Government Efficiency from accessing sensitive Treasury Department records, which pertain to the personal information of millions of Americans. The ruling was issued by Judge Jeannette A. Vargas in Manhattan and upholds the existing prohibition while preparing for a hearing set for Friday. This restriction was initially enacted by another federal judge in New York in response to a lawsuit filed by 19 Democratic attorneys general against President Donald Trump.
In documents submitted to the court, Justice Department attorneys indicated that this restriction posed an unconstitutional challenge and should be reversed without delay. They argued that the ban interferes with President Trump’s capacity to guide his subordinates effectively and monitor the $5 trillion in annual disbursements managed by the Treasury’s Bureau of the Fiscal Service.
Judge Vargas’s order included changes to clarify the scope of the ban. She specified that Treasury officials appointed by Trump and confirmed by the Senate could still access the relevant records, ensuring that Treasury Secretary Scott Bessent remains unaffected by this injunction. The lawsuit claimed that Musk’s team, referred to as the “DOGE” team, consists of political appointees who should be excluded from accessing Treasury records normally managed by trained civil servants, especially regarding sensitive personal information like Social Security and banking data.
The Justice Department’s representatives contended in their court filings that the ban constitutes an unconstitutional infringement on the Executive Branch’s authority and should be lifted immediately. They posited that there is no justifiable reason to differentiate between civil servants and political appointees in this context. Their argument emphasized the necessity of political accountability within executive agencies, asserting that leadership must ultimately respond to the President, and that the injunction disrupts this essential supervisory structure mandated by the Constitution.
In her order, Vargas noted that it was unnecessary at this point to delve into the constitutional issues raised by the Justice Department. The upcoming show cause hearing on Friday represents a critical step in the ongoing legal process to determine whether the attorneys general can secure a permanent injunction against the access ban.
Over the past weekend, Musk, along with Vice President JD Vance, cited the ban during a wide-ranging critique against judicial oversight, which they argue undermines a fundamental aspect of American democracy grounded in the principle of separation of powers. Musk’s Department of Government Efficiency aims to identify and eliminate what it perceives as wasteful government expenditures. Its attempt to access Treasury records and evaluate government agencies has stirred criticism from opponents while garnering support from advocates advocating for stricter management of government finances.
