The U.S. Department of Justice (DOJ) under President Donald Trump has filed a motion to dissolve a temporary restraining order (TRO) that restricts access to Treasury Department payment systems.
The order, issued by U.S. District Judge Paul Engelmayer over the weekend, limits access to civil servants with job-related needs, effectively blocking Elon Musk and the Department of Government Efficiency (DOGE) from entry.
In its Sunday , February 9, 2025, filing, the DOJ contends that the TRO is overly broad, extending to all political appointees, including Treasury Secretary Scott Bessent. The agency argues that such restrictions create an unprecedented judicial intrusion into executive branch operations, asserting that political appointees cannot be excluded from agency work under the Constitution’s separation of powers doctrine.
Vice President J.D. Vance echoed these concerns, stating that “judges aren’t allowed to control the executive’s legitimate power.“
However, Musk took a more combative stance, calling Engelmayer a ‘corrupt judge’ who should be impeached.
The DOJ’s filing asks the court to either dissolve or clarify the TRO. Should the request be denied, the Justice Department intends to appeal.
The lawsuit, filed by 19 Democratic state attorneys general, is among several legal challenges targeting DOGE’s authority.
Additionally, the National Treasury Employees Union has filed two separate lawsuits to block DOGE’s efforts to dismantle the Consumer Financial Protection Bureau (CFPB) and access CFPB employee records.
