Wednesday, February 12, 2025

DOJ Labels Judge’s DOGE Treasury Order ‘Anti-Constitutional,’ Ask Court To Lift Order 

A view of the lecture before US Attorney General William Barr holds a press conference about the release of the Mueller Report at the Department of Justice April 18, 2019, in Washington, DC. - The final report from Special Counsel Robert Mueller's Russia investigation on Thursday could leave much of the public unsatisfied because it could be heavily redacted, stripped of significant evidence and testimony that the investigators gathered.Attorney General Bill Barr made clear he will edit out large parts of Mueller's 400-page final report on his investigation of President Donald Trump and Russian election meddling. (Photo by Brendan Smialowski / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)
A view of the lecture before US Attorney General William Barr holds a press conference about the release of the Mueller Report at the Department of Justice April 18, 2019, in Washington, DC. (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)

OAN Staff Abril Elfi 
11:24 AM – Monday, February 10, 2025

The new Justice Department under President Donald Trump’s administration called a judge’s recent order related to the Department of Government Efficiency (DOGE) “anti-constitutional,” as it pertained to accessing funding data from the Treasury Department.

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On Monday, the DOJ said that the ruling by a federal judge to block Elon Musk and any of his associates from accessing Treasury Department data is “anti-constitutional.” They have now filed a court order to “dissolve” or “modify/clarify” the ruling. 

“There is not and cannot be a basis for distinguishing between ‘civil servants’ and ‘political appointees.’ Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President,” DOJ attorneys stated.

Deputy White House Chief of Staff Stephen Miller chimed in on the matter during FOX’s “Sunday Morning Futures” program.

“What we continue to see here is the idea that rogue bureaucrats who are elected by no one, who answer to no one, who have lifetime tenure jobs, who we would be told can never be fired, which, of course, is not true, that the power has been cemented and accumulated for years, whether it be with the Treasury bureaucrats or the FBI bureaucrats or the CIA bureaucrats or the USAID bureaucrats, with this unelected shadow force that is running our government and running our country,” Miller stated.

U.S. District Judge Paul Engelmayer’s order restricts access to department payment systems, among other data, from “all political appointees, special government employees, and government employees detailed from an agency outside the Treasury Department.”

Even though Trump’s DOJ has stated that they have “substantially complied” with the order, they have labeled it as “anti-constitutional.” 

According to the White House, Secretary of the Treasury Scott Bessent is similarly prohibited from accessing the data under the order.

Vice President JD Vance has argued that the order was unconstitutional and illegal, explaining that it is an example of judicial overreach.

“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power,” Vance wrote Sunday.

Musk himself has also maintained that Engelmayer is a “corrupt judge protecting corruption,” calling for him to be impeached.

Trump expressed to reporters that he was “very disappointed” in the ruling, but that his administration still had a “long way to go,” brushing off the current push back.  

“No judge should frankly be allowed to make that kind of a decision,” Trump said.

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