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DOJ Moved to Vacate Political Appointees Barred from Treasury Data Now a Correction

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 12 – 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.

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."Memo of law on Patreon here.

After midnight, Judge Vargas ordered: If no agreement is reached, Plaintiffs' response to the Motion shall be due by 5 pm on Feb 10.

At 4:49 pm the states filed opposition, saying the TRO should only be modified to allow the Federal Reserve Bank of Kansas City the access it had before January 20. Patreon here

On February 11 Judge Vargas partially modified the TRO: Order here.

On February 12 DOJ submitted a declaration of correction by Vona S. Robinson: " I have since learned that the Department of Interior (DOI), Interior Business Center, which is a federal shared services provider and provides Financial Management Services among other things to Federal Agencies, submitted the referenced February 10 international certified payment request on behalf of Millennium Challenge Corporation. Similarly, it was DOI, and not MCC, that requested Fiscal Service to not process the payment at approximately 2:00 p.m. that day." Declaration on Patreon here

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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