JAY KUO , The Status Kuo; Can Musk Be Stopped?: A high profile lawsuit by Public Citizen takes aim at the DOGE takeover at Treasury.
"There’s a lot of activity by both Trump and his co-president Elon Musk these days, and it can feel overwhelming. Every time we turn around, there’s some new horror. (Wait, Trump wants the U.S. to take over Gaza?!)
Our natural inclination when bombarded with so much is to curl up, cover our heads and hope it ends soon. Rather than give in to this impulse, however, I want to help chart a path through. To do that, we need to prioritize among the many assaults upon our system and understand clearly what is being done and how we can help.
I don’t want to sugarcoat this. To my mind, the greatest threat right now is this: Elon Musk and his goons have taken over critical payment systems at the Treasury Department. This is a DEFCON 1 moment for our government. An unaccountable private citizen, who is also the world’s richest man acting under authority of a would-be dictator, apparently has admin—not just read-only—access to the very lifeline of our Republic: the money.
With such access, Musk has effective control over trillions of dollars of payments each year, and he could terminate some or even all of these at the flip of a switch. This includes our entire social safety net of Social Security, Medicare, Medicaid and food stamps. This puts tens of millions of American who rely on government support at great risk. Already he is threatening to selectively determine which programs are “wasteful” and cut off the money to them.
Yes, this is illegal. Yes, someone needs to stop it. But how?
Many lawsuits have been filed against DOGE, but I’m watching one closely. It’s by Public Citizen, filed on behalf of three plaintiffs: the Alliance for Retired Americans, the American Federation of Government Employees and the Service Employees International Union. The suit alleges that the personal and private financial information of the plaintiffs’ members was illegally accessed by young Musketeer coders over the weekend.
The Public Citizen lawsuit names as defendants the Treasury, its Secretary, and the Bureau of Fiscal Services, which granted access and even admin rights to Musk’s team. This is smart. The lawsuit goes after these defendants in particular because, if ordered by a court, they are the ones that have the power to revoke the access they granted earlier to DOGE.
When I first heard about the lawsuit, the first question I had was, “What’s the legal hook?” By this I mean, what specific laws were broken, and under what statute or law would a court have the power to step in with an injunction?
That’s what I want to cover today. It’s important that we’re all on the same page about our rights as recipients of federal money and payers of federal taxes, and how Musk and DOGE have violated those rights and must be brought to heel."