Federal Judges Issue Mixed Rulings on Elon Musk’s DOGE Access to U.S. Agency Data

February 19, 2025 – Federal judges across the United States are delivering a series of mixed rulings on the authority of Elon Musk’s Department of Government Efficiency (DOGE) to access sensitive data and restructure federal agencies. These decisions come amid growing legal and political debates over DOGE’s role in reshaping government operations under President Trump’s executive orders.

Key Developments in DOGE Legal Battles

1. Judge Tanya Chutkan’s Pending Decision

Judge Tanya Chutkan of the U.S. District Court in Washington, D.C., is expected to rule imminently on a lawsuit filed by 14 states seeking to block DOGE from firing federal employees and accessing data at six major agencies, including the Department of Health and Human Services (HHS) and the Department of Education.

During a February 17 hearing, Judge Chutkan expressed skepticism about DOGE’s expansive powers, describing it as a “private citizen directing an organization not subject to congressional oversight.” The states argue that DOGE’s actions violate the constitutional separation of powers, particularly its access to sensitive systems like the IRS’s Integrated Data Retrieval System (IDRS).

The Justice Department, however, maintains that DOGE operates solely in an advisory capacity, with no direct authority over federal agencies.

2. Recent Judicial Rulings

• Access to Labor, HHS, and CFPB Data: On February 15, Judge John Bates ruled that DOGE qualifies as a federal “agency” under the Economy Act, allowing it to continue accessing data at the Department of Labor, HHS, and the Consumer Financial Protection Bureau (CFPB).
• Education Department Data: Judge Randolph Moss denied a request to block DOGE from accessing Education Department systems, stating that potential harm to students was “conjectural.” Critics, however, fear that DOGE’s AI-driven reviews could lead to significant cuts in education research funding.
• Treasury Department Block: Judges Paul Engelmayer (February 8) and Jeanette Vargas (February 14) barred DOGE from accessing Treasury payment systems containing Social Security and banking data. Judge Vargas extended a temporary restraining order, citing risks of “irreparable harm” to individuals’ privacy.

Legal and Political Controversies

Separation of Powers Concerns

Multiple lawsuits allege that DOGE’s creation via executive order bypasses Senate confirmation requirements, granting Elon Musk “unconstitutional authority” over federal operations. Critics argue that this undermines the checks and balances enshrined in the U.S. Constitution.

Privacy and Cybersecurity Risks

Attorneys general from 19 states have raised alarms about DOGE’s access to Treasury systems, warning of a “huge cybersecurity risk.” They argue that such access could enable politically motivated freezes on federal funds, posing a threat to both individuals and institutions.

Mixed Judicial Opinions

While some judges, like John Bates, have accepted DOGE’s status as a federal agency, others, such as Paul Engelmayer, have highlighted its lack of accountability under privacy laws like the Freedom of Information Act (FOIA).

DOGE’s Broader Impact on Federal Operations

Workforce Reductions

DOGE has driven significant layoffs at over 16 federal agencies as part of President Trump’s executive order to reduce the federal workforce. While supporters claim these cuts eliminate waste, critics argue they disrupt essential public services.

AI-Driven Reviews

DOGE’s use of Microsoft Azure AI to analyze Education Department data has sparked concerns about the misuse of personally identifiable information (PII). Critics fear that such practices could lead to privacy violations and biased decision-making.

What’s Next?

• Judge Chutkan’s Decision: Expected by February 19, her ruling could set a critical precedent for DOGE’s operational scope and authority.
• Treasury Case: Judge Jeanette Vargas is likely to issue a preliminary injunction this week, potentially limiting DOGE’s access to “read-only” privileges in Treasury systems.

Conclusion

The ongoing legal battles over DOGE’s authority highlight the tension between the Trump administration’s push for government efficiency and the need for legal safeguards to protect transparency, privacy, and constitutional principles. As federal judges continue to weigh in, the future of DOGE’s role in reshaping U.S. government operations remains uncertain.

For the latest updates on this developing story, stay tuned to trusted news sources.