Press Release
February 6, 2025
Interim court order restricts Treasury data access to select government employees
WASHINGTON – Today, after mutual agreement between the plaintiffs and defendants, U.S. District Court Judge Colleen Kollar-Ketelly issued an interim order preventing Elon Musk and any additional Department of Government Efficiency (DOGE) employees from accessing sensitive U.S. Treasury data while the case proceeds. Her order ensures that access will not be granted to anyone except for Tom Krause and Marko Elez, two Special Government Employees (according to the Treasury), and regular government employees who need access to do their jobs. Elez and Krause will have read-only access, and that access is limited as needed for performance of their duties. This decision was in response to a motion filed yesterday on behalf of Alliance for Retired Americans, American Federation of Government Employees, and Service Employees International Union, by Public Citizen Litigation Group and State Democracy Defenders Fund (SDDF). The motion requested a temporary restraining order (TRO) against defendants the U.S. Department of the Treasury and Secretary Scott Bessent.
Elon Musk and DOGE’s access to U.S. Treasury systems and data has sparked outrage and confusion among the American people, whose personal financial information was potentially available to unelected private citizens. The interim order helps protect the privacy of the tens of millions of Americans who receive benefits from or make payments to the U.S. Government, until a full legal review can be undertaken.
Norm Eisen, executive chair of SDDF, a nonpartisan democracy watchdog group, and President Obama’s former ethics chief, said, “We just blocked Musk and Trump out of the Treasury systems. Securing the court order is a big win for us at SDDF and the Public Citizen Litigation Group.
Nandan Joshi, an attorney with Public Citizen Litigation Group, added, “We’re pleased that the court acted quickly to put in safeguards to protect people’s personal information until the facts are sorted out. Americans who rely on Social Security and similar programs should be able to trust their government to handle their sensitive information with the utmost care. No one should ever face having their personal information used for improper purposes without their consent, which is why we’ve brought this case.”
The Treasury handles nearly $6 trillion in payments annually. It is crucial for the functioning of numerous programs and services, from Social Security to tax refunds. Granting DOGE access to sensitive data may contradict the Privacy Act of 1974 and the Internal Revenue Code, which limits disclosure of personal information without consent and strictly regulate the confidentiality of tax-related information.
State Democracy Defenders Fund is a 501(c)(3) nonprofit organization dedicated to legal advocacy initiatives aimed at safeguarding democratic principles and the rule of law. Learn more at statedemocracydefenders.org/fund/.
Public Citizen Litigation Group is the litigating arm of Public Citizen, a nonprofit consumer advocacy organization that champions the public interest in the halls of power. Public Citizen defends democracy, resists corporate power, and works to ensure that the government works for the people. Through its Litigation Group, Public Citizen litigates to protect the rights of consumers to access the courts and to stop rollbacks of important consumer, worker, and environmental protections. Learn more at www.citizen.org/litigation.