Justice Department urges swift ruling to revoke ban on Musk's access to Treasury records

A federal judge is expected to rule swiftly on the Justice Department’s request that Elon Musk’s Department of Government Efficiency restart immediate access to Treasury Department databases including personal data for millions of Americans.

Judge Jeannette A. Vargas had directed counsel to meet and confer on any amendments to an order issued early Saturday by another Manhattan judge prohibiting Musk’s team from accessing the information, as well as to file written reasons if an agreement could not be reached. If the order remains intact, it will be in force until a hearing on Friday.

Late Monday, lawyers began making their arguments, leaving it up to the court to determine on the federal government’s request that access to the information be granted immediately, claiming that blocking Musk’s work was illegal. Vargas asked both parties to submit their files by Tuesday so that she could rule.

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On Friday, 19 Democratic attorneys general, including New York Attorney General Letitia James, filed a lawsuit against President Donald Trump, claiming that Musk’s “DOGE” team was made up of “political appointees” who should not have access to Treasury records handled by “civil servants” trained to protect sensitive information such as Social Security and bank account numbers.

Justice Department attorneys from Washington and New York told Vargas in a filing on Sunday that the ban was unconstitutional and a “remarkable intrusion on the Executive Branch” that must be immediately reversed. They said there was no basis for distinguishing between “civil servants” and “political appointees.”

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They said they were complying with the Saturday order by Judge Paul A. Engelmayer in Manhattan federal court. But they complained that the order was “overbroad” so that some might think even Treasury Secretary Scott Bessent was banned by it and they also noted that they had no meaningful chance to present arguments before the judge ruled.

“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President,” they wrote. The lawyers said the ban on accessing the records by Musk’s team “directly severs the clear line of supervision” required by the Constitution.

Over the weekend, Musk and Vice President JD Vance cited Engelmayer’s ruling in a broader attack on the legitimacy of judicial oversight, a fundamental pillar of American democracy, which is based on the separation of powers.

“A corrupt judge protecting corruption. He needs to be impeached NOW!” Musk said.

Speaking to reporters aboard Air Force One on his way from Florida to the Super Bowl in New Orleans, Grump said: “No judge should frankly be allowed to make that kind of decision.”

Meanwhile, some experts say Musk’s efforts to access Treasury information raises security concerns regarding Americans’ personal information.

Late Monday, lawyers for the attorneys general responded to the Justice Department’s claims, saying minor modifications to Englemayer’s order might be necessary, but that the essence of it should remain intact to limit access to Treasury systems to career Treasury staff who have passed background checks and gotten security clearances.

Musk’s Department of Government Efficiency was created to find and eliminate wasteful government spending. Its access to Treasury records and its inspection of government agencies has led critics to criticize Musk while his supporters praise the idea of reining in bloated government finances.