N.Y., Conn. AGs Say DOGE Lawsuit is About Defending Privacy
States play a unique role in preserving constitutional order and won't shy from fighting alleged privacy violations by President Donald Trump, Elon Musk and the Department of Government Efficiency (DOGE), said New York Attorney General Letitia James (D) and Connecticut Attorney General William Tong (D) during a press conference Friday ahead of a scheduled oral argument.
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“What is this about?” said Tong. “This is the largest data breach in American history, that's what this is.” The breach is about social security numbers, banking information, biometrics, addresses, states and payment information, which puts everyone at risk, he said. “Our job as state attorneys general is to protect and safeguard our states, the citizens in our states, from data breaches, to protect their confidential personal information, to protect our states and residents from cyberattacks and cybercrime."
Led by New York, the states allege that Musk and his team lack authorization to access the Treasury Department payment system and could jeopardize sensitive information as well as block federal funding to states. “The Treasury Department is responsible for maintaining the privacy of our information,” James said.
Tong and James said the rule of law is at stake. “No one elected Elon Musk and his minions, and no one has allowed him to have access to this information,” said James. “He has basically violated the Administrative Procedure Act, and he has violated the privacy of millions of Americans, and it is up to us to prevent him from having access to that private information.”
The state AGs sued on Feb. 7 to block Musk’s data-collection efforts at DOGE and asked the court for a temporary restraining order (TRO) as well as a preliminary injunction (see 2502070050). A U.S. District Court for New York granted the TRO the next day, temporarily blocking Musk and his team from accessing government processing systems. Trump claimed Tuesday that the lawsuit violates the separation of powers (see 2502120036).
States replied Thursday that Trump’s opposition actually further helps their case. “Defendants’ opposition elucidates with great clarity the final agency action at the heart of this case,” they said: The court “can refine the necessary injunctive relief to focus on the unlawful conduct as opposed to the category of employee engaging in the conduct, which will avoid the separation of powers argument raised by Defendants.”
Meanwhile, Iowa and 18 other red states supported Trump, alleging that the plaintiffs’ attempt to “assert themselves into the operation of the Executive branch of federal government is improper.”
“America voted for President Trump to clean up Washington and cut federal waste,” said Iowa AG Brenna Bird in a press release. “But while President Trump fights to deliver on his promises for the American people, his political opponents are weaponizing lawsuits to stand in the way. American taxpayers deserve to know where their hard-earned dollars are being spent.”
But state plaintiffs received support from former Treasury Department officials in an amicus brief Friday. "DOGE access to or control over [Bureau of the Fiscal Service (BFS)] systems raises serious concerns," including "the possibility of severe cybersecurity and privacy breaches," they said.
James and Tong appeared upbeat at the press conference Friday afternoon, citing several TROs that state AGs had already obtained on various executive actions. James said, “We're not finished yet.”