NEW YORK – Early Saturday, a federal judge issued a preliminary injunction blocking Elon Musk’s Department of Government Efficiency (DOGE) from accessing sensitive personal data within the Treasury Department’s payment systems. The ruling comes after 19 Democratic attorneys general filed a lawsuit in federal court alleging violations of privacy and cybersecurity risks.
What Led to the Lawsuit?
The lawsuit was prompted by a policy change implemented by the Trump administration on February 2, granting DOGE access to the Bureau of the Fiscal Service’s (BFS) payment systems, which handle trillions in payments including Social Security benefits, federal salaries, and other government disbursements.
According to the lawsuit, this policy bypassed long-standing security protocols that limited access to career civil servants with appropriate security clearance. The new policy allegedly allowed access to political appointees and “special government employees” (SGEs), including Musk.
Key Allegations in the Lawsuit
- Violation of Federal Laws:
The lawsuit claims that the expanded access violates:- The Privacy Act of 1974, which protects individuals’ personal data from unauthorized access
- The Tax Reform Act of 1976, which restricts sharing of tax-related information
- Cybersecurity Risks:
The attorneys general argue that DOGE’s expanded access to sensitive data could increase the risk of cyberattacks or data misuse. - Unlawful Intent:
The lawsuit claims DOGE sought this access to potentially block federal payments, including those related to health care, childcare, and essential programs.
New York Attorney General Letitia James emphasized the stakes in her statement:
“The president does not have the power to give away our private information to anyone he chooses… DOGE has no authority to access this information, and their efforts to interfere with critical payments millions rely on is unlawful and unacceptable.”
States Involved in the Lawsuit
The lawsuit was filed by attorneys general from 19 states, including:
- Arizona
- California
- Connecticut
- New York
- New Jersey
- Massachusetts
- Minnesota
- Oregon
- Wisconsin, and others
These states argue that unauthorized access to sensitive payment systems poses serious risks to millions of Americans, including bank account numbers and Social Security data.
Musk’s Role and DOGE’s Authority
Musk was designated by the White House as a special government employee (SGE), giving him temporary authority to participate in federal initiatives. However, critics argue that DOGE’s role in overseeing government efficiency does not include the authority to access Treasury systems.
The Treasury Department, in response to the lawsuit, stated that DOGE’s access is “read-only” and does not allow for altering or affecting federal payments. A department letter to Congress claimed that DOGE’s involvement was intended for review purposes only, but the lawsuit challenges this claim, saying the access could be misused.
Judge’s Ruling
U.S. District Judge Paul A. Engelmayer granted the preliminary injunction, blocking DOGE’s access while the case proceeds. This decision temporarily prevents Musk and his team from reviewing sensitive Treasury payment data.
The judge agreed that the potential privacy violations and risks to federal payments warranted immediate intervention.
Statements from Officials
Letitia James (NY Attorney General):
“As the richest man in the world, Elon Musk is not used to being told ‘no,’ but in our country, no one is above the law.”
Nassau County Executive Bruce Blakeman:
Blakeman echoed concerns about misuse of federal data, emphasizing the importance of protecting payments that support vital services like healthcare and childcare.
What Happens Next?
- The case will move forward in federal court to determine whether the expanded access granted by the Trump administration is lawful.
- The court will review whether DOGE’s access to sensitive Treasury systems violates federal privacy and tax laws.
- A final ruling could have major implications for federal data access policies and Musk’s involvement in government initiatives.
This legal battle highlights growing concerns about data security, privacy, and the role of private individuals in federal decision-making. With millions of Americans’ sensitive information at stake, the outcome of this lawsuit could significantly impact future data access policies and government oversight practices.
For now, DOGE’s access to Treasury systems remains blocked, but the case will continue to be closely monitored.
