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DOJ Motion to Vacate After US Political Appointees Restrained from Access in Treasury

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 9 – New York and other states on Friday filed for an injunction against the Trump administration and early Saturday morning obtained a Temporary Restraining Order that the Administration is 

"restrained from granting access to all political appointees, special government employees, and government employees detailed from an agency outside the Treasury Department, to any Treasury Department payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees."    Inner City Press, which closely covers the SDNY court, immediately put the order on its DocumentCloud here.

    A day later questions were being raised whether the restrained "political appointees" included Treasury Secretary Scott Bessent. It would appear the argument will be in Tuesday's filing and Friday's argument. Inner City Press asked, but will it be addressed before?

Yes. After 11 pm on Sunday, February 9 DOJ filed to vacate the TRO, arguing that "the Order could be read to cover all political leadership within Treasury—including even Secretary Bessent. 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." Memo of law on Patreon here.

Analysis including on the debate about nationwide injunctions on X for Subscribers here and Substack here

  Inner City Press will be reporting in real time on the case.

The case is State of New York, et al. v. Donald J. Trump, et al., 1:25-cv-1144 (Vargas)

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