New York Attorney General Letitia James led a coalition of 18 other attorneys general in filing a lawsuit against the Trump administration to stop the unauthorized disclosure of Americans’ private information and sensitive data. Attorney General James’ lawsuit asserts that the Trump administration illegally provided Elon Musk and the so-called “Department of Government Efficiency (DOGE)” unauthorized access to the Treasury Department’s central payment system, and therefore to Americans’ most sensitive personal information, including bank account details and Social Security numbers. This expanded access could allow Musk and his team to block federal funds to states and programs providing health care, childcare, and other critical services. With this lawsuit, Attorney General James and the coalition of attorneys general are seeking to stop the Trump administration’s new policy that illegally grants DOGE, Musk, and others access to Americans’ confidential information and the U.S. Treasury’s payment systems.
“As the richest man in the world, Elon Musk is not used to being told ‘no,’ but in our country, no one is above the law,” said Attorney General James. “President Trump does not have the power to give away Americans’ private information to anyone he chooses, and he cannot cut federal payments approved by Congress. Musk and DOGE have no authority to access Americans’ private information and some of our country’s most sensitive data. I am taking action to keep our information secure, and to prevent any unconstitutional freeze on essential funding that Americans rely on every day.”
Beginning February 2, 2025, the Trump administration’s Treasury Department adopted a new policy that grants “special government employees,” including Elon Musk and members of DOGE, access to its central payment system operated by the Bureau of Fiscal Services (BFS). This central payment system controls vital funding that millions of Americans depend on, including Social Security payments, veteran’s benefits, Medicare and Medicaid payments, and more. The payment system also controls billions of dollars that states rely on to support essential services like law enforcement, public education, and infrastructure repairs.
Access to BFS is limited by federal law to a select group of career civil servants with the appropriate security clearances. Attorney General James and the coalition assert the Treasury Department’s new policy, which expands access to BFS’s payment system, violates the law, jeopardizes Americans’ most sensitive personal information, and would allow Elon Musk and other unauthorized political appointees to access a system that could permit them to freeze federal funds with the click of a button in violation of the Constitution.
With this lawsuit, Attorney General James and the coalition of attorneys general are seeking an injunction preventing the Trump administration from continuing its new policy of expanded access to BFS’s payment system, as well as a declaration that the Treasury Department’s policy change is unlawful and unconstitutional.
Joining Attorney General James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin.
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