Can Musk Be Stopped?: A high profile lawsuit by Public Citizen takes aim at the DOGE takeover at Treasury., Status Kuo, February 5, 2025

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."

Who Will Stop Elon Musk’s Coup?; The Nation, February 3, 2025

JEET HEER , The Nation; Who Will Stop Elon Musk’s Coup?

"This is a remarkable power grab on Musk’s part, because he’s a private citizen who is still overseeing his vast fortune even as he claims authority to unilaterally slash government funding. Further, Musk is doing this on behalf of DOGE, which The New York Times accurately describes as “the so-called Department of Government Efficiency.” In fact, DOGE is not a real department authorized by Congress but merely the fiat creation of an executive order signed by Trump. DOGE is an advisory group that is usurping power the Constitution grants to Congress alone. Last week, Trump issued a memo to freeze federal funding for government programs such as Medicaid and SNAP, only to retreat in the face of both popular protest and an adverse court decision. Under the Constitution, Congress alone has the power of the purse, while the president is obligated to “faithfully execute the laws.” Trump’s attempt to arrogate the power to not spend money already allocated by Congress thus constitutes “impoundment”—a practice forbidden by long-standing practices and court decisions.

Waleed Shahid, a Democratic Party strategist and member of The Nation’s editorial board, distilled with bracing clarity the breathtaking scope of Musk’s power grab:

Not with tanks in the streets or militias at government buildings, but with spreadsheets, executive orders, and a network of loyalists embedded in the federal bureaucracy. In just the past few days, Musk’s hand-picked agents have seized control of Treasury’s 6 trillion payment system, the Office of Personnel Management (OPM), and the General Services Administration (GSA)—institutions that, together, function as the central nervous system of the U.S. government…. In any other country, experts would call it state capture, a textbook coup. 

Because Musk and his DOGE minions have strong-armed their way into the offices of the Treasury, OPM, GSA, and USAID, they have access to an astonishing body of public data. Musk can, for example, find the Social Security number of any American citizen and also what funds (if any) they receive from the government.

Musk is currently targeting mainstream Protestant churches involved in immigration resettlement. On X, the social media site he owns, Musk went after Mariann Budde, the Episcopal bishop of Washington, DC, who delivered a sermon calling for compassion to immigrants at a service Trump attended. Musk retweeted a claim that Episcopal Migration Ministries received $53 million for immigration resettlement and said, “She’s on the take.” There is a strong element of political theater in this smearing of Budde, as in Musk’s attack on the Lutheran church. Government funding of social programs run by religious organizations is a long-standing practice and already a matter of public record. But Musk is trying to create the illusion that he’s uncovered a deeply buried government secret.

What’s scandalous is Musk’s nebulous status as both a private citizen and presidential crony, which has allowed him access to data that that can easily be abused. Coming from Silicon Valley, Musk knows that data is power. Now, he has access to the full data set of the federal government, which he is both hoarding to himself and preventing the public from seeing (many government websites have already been shuttered, allegedly as a temporary measure during the Trump/Musk riorganizzazione, including those with public health information and Census data).

Most disturbingly, Musk and his DOGE team have no proper congressional authorization." 

Elon Musk’s Power Grab Is Lawless, Dangerous, and—Yes—a Coup; Slate, February 4, 2025

DAHLIA LITHWICK AND MARK JOSEPH STERN, Slate;  Elon Musk’s Power Grab Is Lawless, Dangerous, and—Yes—a Coup

"The federal government is currently under relentless and unlawful assault by a man no one elected to lead it. With Donald Trump’s blessing and enabling, Elon Musk and his confederates have laid siege to the executive branch in an onslaught whose appalling and far-reaching consequences have barely begun to be reported, much less understood. Musk’s team is tearing through federal agencies at a shocking clip, gaining access to classified material, private personal information, and payment systems that distribute trillions of dollars every year, all in alleged breach of the law. The richest person in the world, who works for no recognizable government entity and answers to nobody, apparently believes he has unilateral authority to withhold duly appropriated funds, violate basic security protocols protecting state secrets, and abolish a global agency in direct contravention of Congress’ explicit command. He is reportedly leading a purge of the federal workforce, persecuting life-saving charities, and pushing outprincipled civil servants who stand in the way of his rampage."

Elon Musk Installs Illegal Server to Seize All Federal Workers’ Data; The New Republic, February 3, 2025

Hafiz Rashid, The New Republic; Elon Musk Installs Illegal Server to Seize All Federal Workers’ Data

"Elon Musk has taken control of government employees’ private data by having his cronies illegally install a commercial server at the Office of Personnel Management.

Musk and his handpicked associates at the fake “Department of Government Efficiency” are using their ill-gotten access to control federal databases containing Social Security numbers, home addresses, medical histories, and other sensitive personal information, according to journalists Caleb Ecarma and Judd Legum at Musk Watch."

The Young, Inexperienced Engineers Aiding Elon Musk’s Government Takeover; Wired, February 2, 2025

 Vittoria Elliott, Wired; The Young, Inexperienced Engineers Aiding Elon Musk’s Government Takeover

"The engineers are Akash Bobba, Edward Coristine, Luke Farritor, Gautier Cole Killian, Gavin Kliger, and Ethan Shaotran. None have responded to requests for comment from WIRED. Representatives from OPM, GSA, and DOGE did not respond to requests for comment.

The six men are one part of the broader project of Musk allies assuming key government positions. Already, Musk’s lackeys—including more senior staff from xAI, Tesla, and the Boring Company—have taken control of the Office of Personnel Management (OPM) and General Services Administration (GSA), and have gained access to the Treasury Department’s payment system, potentially allowing him access to a vast range of sensitive information about tens of millions of citizens, businesses, and more. On Sunday, CNN reported that DOGE personnel attempted to improperly access classified information and security systems at the US Agency for International Development and that top USAID security officials who thwarted the attempt were subsequently put on leave. The Associated Press reported that DOGE personnel had indeed accessed classified material."