| After DOJ
Moves to Vacate Political
Appointees Barred from
Treasury Access Schedule Set
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 10 – 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.
After midnight,
Judge Vargas ordered: "The
parties are ordered to meet
and confer with respect to the
Defendants' Emergency Motion
to Dissolve, Clarify, or
Modify the Ex Parte Temporary
Restraining Order to determine
if the parties can reach
agreement on a stipulation
that either resolves or
narrows the issues presented
in the Motion. If no agreement
is reached, Plaintiffs'
response to the Motion shall
be due by 5 pm on Feb 10.
Defendants' reply papers shall
be due by 11:00 p.m. on
Monday."
Analysis
including on how this midnight
fight on clarifying the scope
of the order might have been
avoided is 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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