Nineteen state attorneys general have filed a lawsuit against former President Donald Trump, alleging a breach of constitutional law by granting Elon Musk and his team access to the U.S. Treasury Department. The lawsuit, filed in the Southern District of New York under the case name "State of New York, et al v. Donald Trump, et al" (Case 1:25-cv-01144-JAV), resulted in a court order temporarily blocking Musk’s DOGE team from accessing Treasury Department payment systems and data. The legal challenge underscores significant tensions regarding the limits of executive power and the judiciary's role in maintaining constitutional integrity.
The attorneys general argue that President Trump breached his duty to "faithfully execute the laws enacted by Congress" by allowing Musk's team access to sensitive Treasury systems. In response to this complaint, a temporary order was issued against President Trump, the Treasury Department, and its newly appointed Secretary, Scott Bessent. The order restricts DOGE's access to the Treasury Department's systems, citing potential cybersecurity and privacy risks. New Jersey Attorney General Matthew Platkin emphasized the necessity for defendants to comply with the order, labeling their actions as "egregiously illegal."
"We absolutely expect the defendants to comply with the order, which the court issued in light of the egregiously illegal actions at issue and the enormous risk they pose to cybersecurity and privacy. Our nation is built on the rule of law, and we intend to pursue it to the maximum extent to protect our residents." – Matthew Platkin
This legal action highlights a broader trend where state attorneys general are increasingly challenging executive authority. The judiciary has historically played a crucial role in restraining executive branch overreach, ensuring adherence to constitutional and legal norms. Legal scholars such as Joyce White Vance note that courts possess jurisdiction to assess the scope of executive power when presidential actions face challenges.
"The Constitution and our rule of law tradition are set up so that the courts have jurisdiction to consider the scope of power possessed by the executive branch (the president), when his actions are challenged." – Joyce White Vance
Elon Musk has expressed strong opposition to the court's decision, accusing judges of corruption and calling for their impeachment. His criticisms particularly target federal judge Paul Engelmayer, who issued the restrictive order against DOGE's access. Musk's remarks reflect ongoing debates about judicial oversight and its implications for executive operations.
The lawsuit is not merely a legal confrontation but part of a larger narrative involving Musk's DOGE team. Tasked by President Trump to identify federal budget cuts and reduce regulatory burdens, Musk's team has focused on agencies utilizing minimal federal funding, including USAID. Critics argue that such actions risk violating established legal principles and endanger sensitive data.
"What's shady is a tech billionaire breaking the law to try to steal millions of Americans' sensitive data." – Matthew Platkin
The temporary court order is not a decisive ruling on the case's merits but serves to prevent potential irreparable harm while judicial proceedings continue. Legal experts like Marin K. Levy view this as an appropriate measure within the judiciary's purview.
"This is done in cases in which there is concern that irreparable harm will occur before a court can even decide the merits of the case. And now another judge will decide the merits." – Marin K. Levy
Historical parallels have been drawn between this case and landmark decisions like Youngstown Sheet & Tubing Company v. Sawyer, where the Supreme Court checked President Truman's authority during the Korean War. Such comparisons underscore enduring questions about executive overreach and judicial accountability.
"centuries of precedent establish the role of the courts in checking overreach by the executive branch" – Joyce White Vance
"If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal. Judges aren't allowed to control the executive's legitimate power." – JD Vance
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