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Justice Department Lawyers Agree To Limit DOGE Operatives’ Access To Sensitive Treasury Data

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Updated Feb 6, 2025, 11:13am EST

Topline

Justice Department lawyers agreed to a proposed order late Wednesday night that would temporarily curb operatives of the Elon Musk-led Department of Government Efficiency (DOGE) from accessing the Treasury Department’s sensitive financial data, a move that follows a lawsuit and protests challenging DOGE’s actions. (A judge approved this agreement Thursday morning — follow here for more updates on DOGE’s access to government records.)

Key Facts

According to the filing made before the D.C. Federal Court, the order would only allow two of Musk’s affiliates Tom Krause and Marko Elez to “read-only” access to the sensitive financial data.

Krause, the CEO of Cloud Software Group, and Marko Elez, a 25-year-old former SpaceX engineer, are described as “Special Government Employee[s]” in the order.

Other Treasury Department employees will continue to have access to the record when needed “in the performance of their duties.”

The proposed order is in response to a suit brought by federal employee unions which accuses Treasury Secretary Scott Bessent of illegally allowing Musk’s DOGE to gain access to the department’s sensitive data.

Once the order is approved by the federal judge overseeing the case, it will remain in effect until February 24.

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What Does The Lawsuit Against Doge’s Actions Say?

The American Federation of Government Employees, Alliance for Retired Americans and Service Employees International Union filed the lawsuit on Monday. The suit called for an “immediate stop” to what it described as a “systematic, continuous, and ongoing violation of federal laws that protect the privacy of personal information contained in federal records.” The legal action came a few days after several reports of Bessent giving DOGE operatives access to its federal payment system. The system is usually closely guarded as it holds the personal data of Americans who receive tax refunds, Social Security checks and other federal government payments.

What Happened During The Doge Case Hearing?

U.S. District Judge Colleen Kollar-Kotelly, who was overseeing the case, asked the DOJ’s lawyers about DOGE’s handling of the sensitive data. The lawyers said, as per their knowledge, the “special government employees” had not shared the data with anyone outside the Treasury—including Musk, Politico reported. The DOJ lawyers told the judge that Musk’s role was only to set “high-level” policy goals while directing operatives from DOGE to carry out these actions.

Further Reading

Judge weighs short-term block on Musk allies’ ability to share Treasury records outside the department (Politico)

DOGE Accesses Medicare And Medicaid Systems After Treasury Controversy: Here’s What To Know (Forbes)

Unions Sue To Stop Elon Musk’s DOGE From Accessing Treasury Department Data (Forbes)

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