The Trump administration on Feb. 9 urged a federal judge to rescind an order that blocks Department of Government Efficiency (DOGE) personnel and some other government workers from accessing Treasury Department records.
“On its face, the Order could be read to cover all political leadership within Treasury—including even Secretary Bessent,” they wrote, referring to Secretary of the Treasury Scott 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.”
Article II grants the president the power to appoint the heads of executive agencies and to seek their opinions on any subject relating to their duties.
“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President,” the government lawyers said on Feb. 9. “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. Because the Order on its face draws an impermissible and anti-constitutional distinction, it should be dissolved immediately.”
If the order is not dissolved, the court should clarify or modify the order to make clear it does not cover top Treasury Department officials, according to the motion, and if the court is unwilling to grant relief, it should stay the order pending the outcome of an appeal.
District Judge Jeannette A. Vargas, who is overseeing the case, after receiving the motion ordered the parties to meet and confer regarding the motion “to determine if the parties can reach agreement on a stipulation that either resolves or narrows the issues presented in the Motion.”
If the parties cannot reach an agreement, the plaintiffs are ordered to file a reply by 5 p.m. EST on Feb. 10, with a response to the reply due from government lawyers six hours later.
The case was brought by the state of New York and 18 other states against President Donald Trump and Bessent. The states said that the government giving access to payment records to DOGE, which is headed by Elon Musk, posed cybersecurity risks and imperiled the privacy of state residents whose financial information and other personal data were stored in the files.
The states asked for an order blocking the access and received the order early Feb. 8.
