[My speculation and opinion]
The reported Temporary Restraining Order (TRO) issued by District Judge PAUL A. ENGELMAYER (U.S. Dist. Ct. of the Southern District of NY) of February 8, 2025, appears to be based on a false factual predicate submitted by the Plaintiff’s (certain State AGs) – and is part of and perpetuating the disinformation that DOGE Team members were given “access” to Treasury data bases and the ability to “tinker” with the same.
Link: Judge orders sweeping restriction on DOGE access to sensitive Treasury payment systems - POLITICO
Link: (TRO) gov.uscourts.nysd.636609.6.0.pdf
Obvious disinformation can be seen from both the referenced Politico Report (02/08/2025) and the Bloomberg interview and reporter’s questions of Treasury Secretary Bessent. See Link: (Bloomberg interview of Treasury Secretary Scott Bessent of 2/6/2025) See Link: https://x.com/i/status/1887573668571607389
From the specific and detailed answers from Bessent in the indicated Bloomberg interview it is abundantly clear that limited and ONLY authorized Treasury employees have access and been granted access to Treasury records, and that access has been READ-ONLY, and the ability to change (“tinker”) with the Treasury records resides with the Federal Reserve.
From the Court Order it can be seen that the requested injunction appears to be based on a (knowingly?) false predicate submitted to the Court by certain State AGs – facts and assertions that appear to be unsupported by adequate evidence and honest or logical legal reasoning.
The specific TRO has three (3) parts:
(i) Restrain Treasury/Trump 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 non-authorized and non-Treasury personnel. This part of the Order has ZERO impact or effect on DOGE activities – because the DOGE Team does not have access or been given access to data systems maintained by Treasury!
(ii) Restrain Treasury/Trump 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”. Again, this part of the TRO has ZERO impact or force and effect on DOGE activities – because the DOGE Team has not been granted access to data systems maintained by Treasury (as apparently falsely asserted or implied by certain Plaintiffs (State AGs).
(iii) Treasury/Trump “ordered to direct any person prohibited above from having access to such information, records and systems but who has had access to such information, records, and systems since January 20, 2025, to immediately destroy any and all copies of material downloaded from the Treasury Department’s records and systems, if any”. This part of the TRO has ZERO impact or legal force or effect (relative to DOGE) – because the DOGE Team was never granted access to data systems maintained by Treasury, did not download materials and is NOT in possession of specific legally protected “personally identifiable information and/or confidential financial information of payees” – as apparently FALSELY alleged by Plaintiffs (certain State AGs) in the Complaint filed in the U.S. District Court.
State AG’s that may have knowingly submitted false evidence that potentially has misled the Court need to be referred for disciplinary action, removal from office and/or disbarment, as appropriate (I think).
It is also interesting to note that the TRO was issued by the Judge after the Bloomberg Bessent interview – which raises the question whether the Judge was misled by Plaintiffs’ assertions in the Complaint filed with the Court.
And of course, POLITICO and other MSM need to be unapologetically continually exposed for disseminating disinformation and for being DS sponsored opportunist puppets – that are part of a crypto-authoritarian system of hierarchical dominance and control.
JP