A federal judge dropped a bombshell on Saturday, issuing an order that not only temporarily blocks the U.S. Department of Government Efficiency (DOGE) from accessing essential data on federal payments but also bars Treasury officials from accessing data managed by the agency.
According to the order, only “civil servants with a need for access to perform their job duties within the Bureau of Fiscal Services who have passed all background checks and security clearances and taken all information security training called for in federal statutes and Treasury Department regulations” can access the data, while “all political appointees, special government employees, and government employees detailed from an agency outside the Treasury Department” cannot, pending a hearing scheduled for February 13.
The judge also ordered that any Treasury data that has already been collected must be destroyed.
Since the Treasury secretary is a political appointee, this outrageous ruling essentially bars him from viewing or managing the sensitive financial data of his own department. This unprecedented act not only strips the Treasury secretary of a fundamental responsibility but also undermines the executive branch's authority to effectively oversee its financial operations.
Judge Paul Engelmayer, who made the ruling, is an Obama appointee.
Think it can’t get worse? Well, it can. As Sen. Tom Cotton (R-Ark.) noted, the Obama judge didn’t even allow the Trump administration to appear in court to challenge it, and there was no legal precedent to justify the order.
Outrageous. Obama Judge Paul Engelmayer didn’t just bar @elonmusk and @doge from Treasury systems, he barred the Secretary of the Treasury himself. Without citing a single law or even allowing Trump admin to appear in court! This outlaw should be reversed immediately and…
— Tom Cotton (@SenTomCotton) February 8, 2025
There is really no way to interpret this ruling except as a direct assault on the elected government’s ability to oversee the budget, leaving power in the hands of the deep state.
“These frivolous lawsuits are akin to children throwing pasta at the wall to see if it will stick. … This activist judge has resorted to locking the Senate-confirmed Secretary of Treasury out of his role. It’s absurd and judicial overreach,” White House spokesperson Harrison Fields said in a statement. ““Grandstanding government efficiency speaks volumes about those who’d rather delay much-needed change with legal shenanigans than work with the Trump Administration of ridding the government of waste, fraud, and abuse.”
On Sunday, Musk proposed an interesting way to get rid of activist judges like Engelmayer:
I’d like to propose that the worst 1% of appointed judges, as determined by elected bodies, be fired every year.
— Elon Musk (@elonmusk) February 9, 2025
This will weed out the most corrupt and least competent.
What do you think?
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“Judge Engelmayer is trying to get himself short-listed for a Democratic Administration down the road,” mused conservative talk radio host Hugh Hewitt. “On the other hand, since judges can allegedly do this, perhaps budget/reconciliation can add some district court judges to the D.C. Circuit to help manage the cost-cutting case load, and perhaps seats on the D.C. Circuit as well?”
“This ruling is absolutely insane!” Elon Musk said Saturday on X in response to the ruling. “How on Earth are we supposed to stop fraud and waste of taxpayer money without looking at how money is spent? That’s literally impossible! Something super shady is going to protect scammers.”
This ruling is absolutely insane!
— Elon Musk (@elonmusk) February 8, 2025
How on Earth are we supposed to stop fraud and waste of taxpayer money without looking at how money is spent?
That’s literally impossible!
Something super shady is going to protect scammers. https://t.co/7Eyy9ZsN7A
Musk also outlined key financial reforms agreed upon by the DOGE team and the U.S. Treasury to improve accountability in government spending. These include requiring payment categorization codes for audits, mandating a rationale for payments, and enforcing the Do-Not-Pay list to block fraudulent entities, deceased individuals, and terrorist fronts from receiving funds. Musk criticized the current lack of oversight, calling it “ridiculous” that these measures weren’t already in place. He also revealed that over $100 billion per year in entitlement payments goes to individuals without an SSN or even a temporary ID, with Treasury officials estimating at least $50 billion of that is outright fraud—amounting to $1 billion per week.
To be clear, what the @DOGE team and @USTreasury have jointly agreed makes sense is the following:
— Elon Musk (@elonmusk) February 8, 2025
- Require that all outgoing government payments have a payment categorization code, which is necessary in order to pass financial audits. This is frequently left blank, making…
While the order is temporary, Judge Paul Engelmayer’s ruling is yet another example of lawfare aimed at undermining the Trump administration. By barring the Treasury secretary from accessing critical financial data, governance and accountability are under attack. The administration must consider defying this unprecedented order while pushing for reforms to curb judicial overreach. Proactive measures are needed to counter relentless legal challenges and restore executive power, ensuring taxpayer dollars are managed without partisan interference.
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