DOJ Calls Judge’s DOGE Treasury Ruling ‘Unconstitutional,’ Requests Court to Overturn Order – One America News Network
OAN Staff Abril Elfi
11:24 AM – Monday, February 10, 2025
The Justice Department, under President Donald Trump’s administration, described a recent judicial order concerning the Department of Government Efficiency (DOGE) as “anti-constitutional,” particularly regarding the access to funding data from the Treasury Department.
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On Monday, the DOJ asserted that a federal judge’s ruling preventing Elon Musk and his associates from accessing Treasury Department data is “anti-constitutional.” The DOJ has filed a motion to “dissolve” or “modify/clarify” this ruling.
“There is no basis to differentiate between ‘civil servants’ and ‘political appointees.’ Fundamental democratic accountability necessitates that the work of every executive agency be overseen by politically accountable leadership, who ultimately report to the President,” DOJ attorneys remarked.
Deputy White House Chief of Staff Stephen Miller weighed in during FOX’s “Sunday Morning Futures” program.
“What we are consistently witnessing is the influence of unaccountable bureaucrats, elected by none, and with job security that masks an accumulation of power over the years, whether it involves Treasury bureaucrats or those from FBI, CIA, or USAID. This unelected shadow force is effectively managing our government and country,” said Miller.
U.S. District Judge Paul Engelmayer’s order restricts access to department payment systems and other data from “all political appointees, special government employees, and government employees detailed from agencies external to the Treasury Department.”
Despite the Trump administration’s claim of “substantial compliance” with the order, they have labeled it as “anti-constitutional.”
The White House indicated that Secretary of the Treasury Scott Bessent is also subjected to the same restrictions under the ruling.
Vice President JD Vance has stated that the order is unconstitutional and illegal, viewing it as judicial overreach.
“If a judge attempted to dictate how a general should conduct a military operation, that would be illegal. Similarly, if a judge tried to instruct the attorney general on how to exercise her prosecutorial discretion, that too would be illegal. Judges must not exercise control over the legitimate powers of the executive,” Vance articulated on Sunday.
Musk has referred to Engelmayer as a “corrupt judge protecting corruption,” advocating for his impeachment.
Trump shared with reporters that he was “very disappointed” by the ruling but noted that his administration still had a “long way to go,” downplaying the current resistance.
“No judge should frankly be permitted to make that kind of a decision,” Trump remarked.
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