After DOJ
Moved to Vacate DOGE Barred
from Treasury Access A Hearing
Now Mixed Ruling
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 21– 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."Memo of law
on Patreon here.
The states filed
opposition, saying the TROs
are not appealable, and that
the TRO should only be
modified to allow the Federal
Reserve Bank of Kansas City
the access it had before
January 20. 11-page memo on
Patreon here.
Reply was due by 11 pm.
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
On February 14,
after a press statement by AG
James, the arguments, Inner
City Press live tweeted here.
Judge Vargas said she would
rule soon.
On February 21:
"ORDERED that the US
Department of the Treasury and
the Secretary of the Treasury
are restrained from granting
access 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 to any
employee, officer or
contractor employed or
affiliated with the United
States DOGE Service, DOGE, or
the DOGE Team established at
the Treasury Department,
pending further Order of this
Court; ORDERED that, by
Monday, March 24, 2025, the
United States Department of
the Treasury shall submit a
report to this Court, as
further set forth herein. Upon
receipt of the above
submissions from the
Department of the Treasury,
the Court will schedule prompt
briefing to address whether
the Treasury Department has
adequately redressed the
violations of the APA found
herein, so as to justify the
termination or modification of
the preliminary injunction."
Inner City
Press will
continue
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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