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Musk's Treasury access still blocked

Complain argues legal authorization from Congress needed

By: Bart Jansen
Lauren villagran
and Maureen Groppe
USA Today

WASHINGTON - A federal judge in New York on Friday [02/14/2025] extended the temporary block against Elon Musk, President Donald Trump's appointee to look for government waste, form gaining access to confidential government information.
..... New York Attorney General Letitia James led a lawsuit form 19 states seeking to continue blocking Musk's Department of Government Efficiency's access to Treasury Department computer systems. U.S. District Judge Jeannette Vagas extended the order Friday [02/14/2025] that another judge put in place on February 8 [2025] but did not say when she would rule o a more permanent preliminary injunction.
..... The case was one of three featuring challenges from states and unions against Musk's efforts to allegedly root out waste, fraud and abuse in the federal government.
..... In Washington, D.C., U.S. District Judge Tanya Chutkan considered a restraining oder in a case brought by 14 states against billionaire Musk, as head of DOGE for allegedly creating havoc in the federal bureaucracy. The complaint alleges musk is operating without supervision and legal authorization from Congress.
..... Also in the nation's capitol, U.S. district Judge John Bates heard more arguments in the case brought by unions opposed to Musk's DOGE gaining access to sensitive government records at the Department of Heath and Human Services, the Labor Department and the Consumer Financial Protection Bureau.
..... Bates had refused to block Musk's team last week [02/13/2025] by ruling the unions - the AFL -CIO; the American Federal ion of Government Employees; the American Federation of States, County and Municipal employees and the Sever ice Employee International Union - couldn't show they were harmed. But the unions made another request for a temporary restraining order. The judge, an appointee of former President George W. Bush, didn't say when he would issue a decision

What do the lawsuits against Musk and DOGE aim to do?

..... Musk's Department of Government Efficiency is searching for ways to cut federal spending.
..... But unions and states argue Musk and his staffers aren't authorized to access the Treasury Department's central payment system. Musk's team could block federal funds to states for health clinics, preschools, climate initiatives, and other programs the stats contend.
..... Musk and Trump have blasted the court decisions temporarily blocking the new Republican administration's policies. Musk called for the impeachment of federal judges who oppose Trump.
..... But unions argued that Musk's team got access to sensitive government information without the proper authority and training to protect privacy required by federal law.
..... "This case presents really important questions about whether the sensitive data of millions of Americans had been treated with due care," said Aman George, a lawyer at the advocacy group Democracy Forward Foundation who argued for the unions.
..... Bates sounded skeptical about blocking the Musk team's access if they are government workers.
..... The judge also questioned why he should assume a Musk staffer form on of his private companies who now works for DOGE would look for access to Occupational Safety and Health Administration investigations, fro example.
..... "I don't understand where the problem would be, where the violation of law would lie," he said.

What is the New York case against Elon Musk about?

..... Vargas took over the DOGE case from U.S. Distinct Judge Paul Engelmayer, who temporarily blocked Musk's team on February 8 [2025] from accessing Treasury systems.
..... The state argued that Musk and his team aren't authorized to access the Treasury Department's central payment system and could jeopardize the security of confidential information. They also argue Musk's team could block federal funds to state for helaht clinics, preschools, climate initiatives, and other programs.
..... But government lawyers argued the "unprecedented and unsupported" lawsuit sought to prevent the executive branch form implementing the president's policies. Musk's team seeks access to the Bureau of the Fiscal Services, which handles 1.2 billion transactions and $5 trillion in spending.

Does Elon Musk have 'unchecked power' over the government?

..... In the case led by New Mexico, 14 states argue that Musk's "unchecked power" over federal agencies violates the Appointment Clause in the U,S, Constitution. that clause requires Congress establish an office before the president can fill it and states that the Senate must confirm a nominee to an office cerated by law. the states claim that the power Musk had to eliminate the federal workforce and entire departments is unconstitutional.
..... "The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation's entire constitutional structure," according to the complaint.
..... On Friday, [02/14/2025] the states sought an emergency temporary restraining order to prevent Musk and DOGE from canceling government contracts or taking steps to dismantle agencies crated by law.
..... Chutken declined to rule on the state's proposed temporary restraining order after the Trump administrate attorney argued it was overly broad. The state may fail a modified request for a temporary restraining order.

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