Regardless what Musk says, he is doing nothing but collecting data and making suggestions. And actions based on the data or his suggestions is being done by the Trump administration.Federal District Courts are beginning to rein in some of the worst, most obviously illegal actions of the Trump administration. They are fighting an uphill battle. It appears that Trump functionaries are also starting to ignore those orders and really pissing off the judges.
I thought I might start a new thread to consolidate some of those cases and opinions, as they appear to be coming fast and furiously. Like the "Just the Trump Legal Issues" thread, this is not intended to be a partisan playground, but a forum to post decisions, motions and comment on the substance.
"Over the past two weeks, Musk’s team has moved to dismantle some U.S. agencies, push out hundreds of thousands of civil servants and gain access to some of the federal government’s most sensitive payment systems. Musk has said these changes are necessary to overhaul what he’s characterized as a sclerotic federal bureaucracy and to stop payments that he says are bankrupting the country and driving inflation.
But many of these moves appear to violate federal law, according to more than two dozen current and former officials, one audio recording, and several internal messages obtained by The Washington Post. Internal legal objections have been raised at the Treasury Department, the Education Department, the U.S. Agency for International Development, the General Services Administration, the Office of Personnel Management, the Equal Employment Opportunity Commission and the White House budget office, among others.
“So many of these things are so wildly illegal that I think they’re playing a quantity game and assuming the system can’t react to all this illegality at once,” said David Super, an administrative law professor at Georgetown Law School." WaPo gift article
I'm not at home, but will try to post documents as I can. There have already been, I think, 5 decisions. Still tracking them down. In the interim:
Trump administration agrees to restrict DOGE access to Treasury Department payment systems
The agreement came in response to a lawsuit accusing Treasury of committing an "unlawful action" by giving private info to Elon Musk's Department of Government Efficiency.www.nbcnews.com
Federal judge issues injunction on birthright citizenship, putting it further on hold
The preliminary injunction is the second temporary hold against Trump’s executive order and puts efforts to end birthright citizenship on indefinite pause.www.nbcnews.com
This is the kind of nonsense I'd hoped to avoid. Facts, and law, that's what the thread is for, not partisan blathering and lies. So far, no judge agrees with your claim. Be well.Regardless what Musk says, he is doing nothing but collecting data and making suggestions. And actions based on the data or his suggestions is being done by the Trump administration.
Trump hasn't done anything illegal.
A lot of judges are known to be biased idiots.This is the kind of nonsense I'd hoped to avoid. Facts, and law, that's what the thread is for, not partisan blathering and lies. So far, no judge agrees with your claim. Be well.
“So many of these things are so wildly illegal that I think they’re playing a quantity game and assuming the system can’t react to all this illegality at once,” said David Super, an administrative law professor at Georgetown Law School." WaPo gift article
That's why Trump appointed them. But you knew that.A lot of judges are known to be biased idiots.
Clarence ThomasA lot of judges are known to be biased idiots.
This is the kind of nonsense I'd hoped to avoid. Facts, and law, that's what the thread is for, not partisan blathering and lies. So far, no judge agrees with your claim. Be well.
You obviously haven't read the opinions, which is why I created this thread, so disinformation like yours won't get purchase.That is not what the judges have been saying. With the exception of the birthright citizenship ruling, they have been putting on brakes to give time to consider.
You obviously haven't read the opinions, which is why I created this thread, so disinformation like yours won't get purchase.
Federal Judge Orders White House to Keep Money Flowing to 22 States
Regardless what Musk says, he is doing nothing but collecting data and making suggestions. And actions based on the data or his suggestions is being done by the Trump administration.
Trump hasn't done anything illegal.
Plaintiffs Jerald Lentini, Joshua Erlich, and National Security Counselors, Inc., bring this action against Defendants pursuant to the Federal Advisory Committee Act (“FACA”), 5 U.S.C.app. 2 §§ 1-16, the Administrative Procedure Act (“APA”), 5 U.S.C. § 701, et seq., the Mandamus Act, 28 U.S.C. § 1361, the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, and the All Writs Act, 28 U.S.C. § 1651. Plaintiffs seek mandamus relief compelling Defendants to comply with the nondiscretionary requirements of FACA, a declaration that Defendants haveviolated FACA, and other declaratory and injunctive relief which would have the effect of prohibiting Defendant Department of Government Efficiency (“DOGE”) from operating further—and prohibit Defendants Office of Management and Budget, Office of Personnel Management, and Executive Office of the President from interacting with DOGE—until DOGE has complied with FACA.
ORDERThe Bureau of the Fiscal Service (the Bureau) is an agency within the
Department of the Treasury (the Department) that manages the federal
government’s payment and collections system. The Bureau is not a policymaking body
and has no discretion to decide what payments the federal government should make
or what revenues it should collect—that is the work of federal agencies charged by
Congress with implementing federal programs. The Bureau’s primary function is to
ensure that the federal government’s financial transactions are processed in an
orderly manner.
To fulfill its processing function, the Bureau collects and maintains sensitive
personal and financial information about every individual—every citizen, every
retiree, every taxpayer, every employee, every company—who makes a payment to or
receives a payment from the federal government. The Bureau has recognized the
sensitivity of the information it maintains on individuals, and has assured the public
that “[o]nly employees whose official duties require access are allowed to view,
administer, and control these records.” 85 Fed. Reg. 11766 (Feb. 27, 2020).
Until last week.
With the consent of the parties, the Court DEFERS RULING on the Plaintiffs' [8] Motion for a Temporary Restraining Order and ORDERS as follows:
• The Defendants will not provide access to any payment record or payment system ofrecords maintained by or within the Bureau of the Fiscal Service, except that the Defendants may provide access to any of the following people:
o Mr. Tom Krause, a Special Government Employee in the Department of the Treasury, as needed for the performance of his duties, provided that such access to payment records will be "read only";
o Mr. Marko Elez, a Special Government Employee in the Department of the Treasury, as needed for the performance of his duties, provided that such access to payment records will be "read only";
o Any person who is an employee (but not a Special Government Employee) of the Department of the Treasury and who has a need for the record or system of records in the performance of their duties;
The U.S. Treasury Department maintains and safeguards our nation’s central bank
account. Treasury’s Bureau of Fiscal Services (“BFS”) receives coded payment instructions in
the form of payment files from a host of federal agencies to disburse funds to tens of millions of
Americans every year – money they depend on to live. These funds include social security
benefits, veteran’s benefits, childcare tax credits, federal employee wages, and federal tax
refunds. Plaintiff States also receive billions of dollars in funds every year directly from Treasury
through BFS under federal grant programs. The States rely on these federal programs to provide
vital services for their residents, including Medicaid (the single largest federal funding stream to
the Plaintiffs), FEMA funds for disaster relief and management, Edward Byrne JAG grants
essential to law enforcement and criminal justice programs, education funding, and foster care programs.
1. Since President Trump’s inauguration on January 20, the “U.S. DOGE Service,” led by White House official Elon Musk, has launched a sweeping campaign to access highlysensitive information systems and dismantle and restructure multiple federal agencies
unilaterally.
2. The speed of these efforts is core to the project. At every step, DOGE is violating
multiple laws, from constitutional limits on executive power, to laws protecting civil servants
from arbitrary threats and adverse action, to crucial protections for government data collected
and stored on hundreds of millions of Americans.
3. DOGE seeks to gain access to sensitive systems before courts can stop them,
dismantle agencies before Congress can assert its prerogatives in the federal budget, and
intimidate and threaten employees who stand in their way, worrying about the consequences
later.
4. The results have already been catastrophic. DOGE has seized control of some of
the most carefully-protected information systems housed at the Treasury Department, taken hold
of all sensitive personnel information at the Office of Personnel Management, and dismantled an
entire agency within a week.
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