“Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the president,” DOJ attorneys told Manhattan-based U.S. District Judge Jeannette Vargas, calling a judge’s weekend order barring DOGE personnel from accessing the payment system “impermissible” and “anti-constitutional.”

Judge spends weekend limiting DOGE’s Treasury access

On Saturday morning, U.S. District Judge Paul A. Engelmayer issued an order restricting DOGE from handling personal and financial data for millions of U.S. residents. The ruling bars access to department payment systems for certain political appointees, special government employees, and those detailed from outside the Treasury.

The Trump DOJ warned that Engelmayer’s decision was written so broadly that even Treasury Secretary Scott Bessent could be barred from accessing his own agency’s systems. “There is not and cannot be a basis for distinguishing between ‘civil servants’ and ‘political appointees,’” DOJ attorneys wrote.

However, several legal experts, including Ethics and Public Policy Center fellow Ed Whelan, noted that the order did not extend to the secretary.

Engelmayer’s ruling is temporary and will last until at least Friday, when Vargas, who is permanently overseeing the lawsuit brought by 19 Democratic state attorneys general, will hold a hearing on whether to grant a longer pause.

DOJ attorneys challenging the order say political appointees must be able to oversee executive agencies to maintain “basic democratic accountability,” arguing Engelmayer’s order is an unconstitutional intrusion on the executive branch’s authority under Article II.

“At minimum, the Court should either clarify or modify its Order, so as to avoid its most direct constitutional and practical hazards,” DOJ attorneys wrote in the filing. “As written, the injunction is markedly overbroad. There is no sound reason that it should extend to Treasury’s leadership, who are charged with overseeing and administering the Department without interruption.”

The Trump administration is also negotiating with the 19 states that filed the lawsuit to narrow the order, according to the DOJ.

Who exactly does the order apply to?

President Donald Trump appointed Tesla CEO and billionaire Elon Musk to streamline government operations and cut spending under the so-called DOGE program.

Treasury officials have vowed to strictly adhere to the limits imposed by Engelmayer despite much dismay over the judge’s decision. Notably, the only official specifically covered by the order is Musk ally Thomas Krause, who had access to the system before the judge’s order.

DOJ lawyers also suggested that another Musk ally, Marko Elez, had access to copies of “source code” from the Treasury in a so-called “sandbox environment”.

Although Elez resigned last week amid allegations of racist social media posts, Musk and Vice President JD Vance publicly supported him on social media last week and suggested rehiring him. However, the Sunday court filing suggests Elez has since returned his equipment and credentials.

Musk and conservatives hit back with judiciary threats

Over the weekend, conservative critics reacted strongly to Engelmayer’s order, including Vance, who wrote on social media that “judges aren’t allowed to control the executive’s legitimate power.”

On Monday, Musk reiterated his own criticism of Engelmeyer’s order, replying to an X user who suggested that federal judges can be impeached by Congress.

“It’s time,” Musk responded.