The Department of Justice (DOJ) ripped a sweeping court order that ostensibly blocked Treasury Secretary Scott Bessent from accessing much of his department’s records and systems.
Manhattan-based U.S. District Judge Paul Engelmayer, an Obama appointee, issued a broad order Saturday temporarily blocking “political appointees, special government employees, and any government employee detailed from an agency outside the Treasury Department” access to vast swaths of Treasury data. The DOJ filed its response Sunday, blasting the order as overly broad and unconstitutional.
“On its face, the Order could be read to cover all political leadership within Treasury—including even Secretary Bessent. This is a remarkable intrusion on the Executive Branch that is in direct conflict with Article II of the Constitution, and the unitary structure it provides,” the DOJ filing said.
“A federal court, consistent with the separation of powers, cannot insulate any portion of that work from the specter of political accountability. No court can issue an injunction that directly severs the clear line of supervision Article II requires,” the filing continues.
“There is no sound reason that it should extend to Treasury’s leadership, who are charged with overseeing and administering the Department without interruption. To the extent the Order applies to senior political appointees at Treasury, it is an extraordinary and unprecedented judicial interference with a Cabinet Secretary’s ability to oversee the Department he was constitutionally appointed to lead,” the filing says.
Despite the strenuous objections to the order’s legality, the Trump administration’s filing makes clear that the Treasury Department is abiding by it. The department has shut off access to Treasury data containing personal information from all but career staff who have passed all background checks and security clearances.
Judge Engelmayer issued the injunction against the Treasury Department at the request of 19 Democratic attorneys general. The blue-state prosecutors filed a lawsuit against the Trump administration over an audit of the department being conducted by Treasury officials in conjunction with allies of Elon Musk and the Department of Government Efficiency program.
A different judge had already limited the access of outsiders to Treasury Department data, but Engelmayer’s order took the injunction a step further. It will remain in place until February 14, when a hearing is scheduled on the issue in another court.
Trump officials publicly ripped the order over the weekend.
“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,” Vice President JD Vance posted on X.
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 (@JDVance) February 9, 2025
