US Treasury sued for providing Elon Musk’s DOGE access to sensitive data

The US Treasury Department is facing legal action for granting access to sensitive government financial data to Department of Government Efficiency (DOGE) officials, a unit led by billionaire Elon Musk. The lawsuit alleges that Treasury Secretary David Bessent violated federal disclosure laws by allowing DOGE-affiliated individuals to access classified financial records.

As seen in the February 3 court filing, the case was brought by several union groups, including the Public Citizen Litigation Group, State Democracy Defenders Fund, the Alliance for Retired Americans, the American Federation of Government Employees, and the Service Employees International Union. 

The plaintiffs argue that Secretary Bessent and the US Treasury Department, with the authority of the Bureau of the Fiscal Service, improperly shared confidential government payment data with DOGE.

Union Groups: Musk had no authority to access Treasury records

Court filings claim that Musk and DOGE officials had previously sought access to financial records maintained by the Bureau of the Fiscal Service but were denied by a civil servant in charge of the Bureau.

However, after Bessent was sworn in as Treasury Secretary, after approval from the Senate on January 27, he reportedly placed the unnamed official on leave, to purpotedly grant DOGE full access to the agency’s systems “without public notice, legal justification, or following established protocols.”

“In his first week as Treasury Secretary, defendant Bessent violated these restrictions,” the filing states. “Secretary Bessent’s actions mean that retirees, taxpayers, federal employees, companies, and other individuals from all walks of life have no assurance that their information will receive the protection that federal law affords.”

Additionally, the plaintiffs cited the Privacy Act of 1974 and the Internal Revenue Code, which prohibit the unauthorized disclosure of taxpayer information. They claim it makes it unlawful for the US Treasury Department to provide Musk or DOGE officials with access to individual financial records maintained by the Bureau.

Per a Bloomberg report, President Donald Trump and the White House confirmed that Musk has been designated as a Special Government Employee (SGE), a status given to individuals who serve in temporary executive branch roles. 

White House spokesperson Karoline Leavitt defended Musk’s position, stating that he is working “selflessly” in President Donald Trump’s administration and has “complied with all federal laws.”

Even Trump himself has explained that while the billionaire does not have direct authority to stop federal payments, he was granted access to Treasury systems to oversee government spending, which is the said purpose of DOGE. 

Resistance from civil servants and legal threats

Thousands of activists, civil servants, together with some members of Congress have been protesting Musk’s proposed plan to shut the US Agency for International Development (USAID) down. 

Elon Musk does not have the power to dismantle USAID.

The idea that a billionaire can wake up one day and decide to end life-saving international aid programs is undemocratic and outright dangerous. pic.twitter.com/XZzAVNjwQq

— Rep. Ilhan Omar (@Ilhan) February 3, 2025

Early Monday, Elon Musk hosted a live session on X Spaces, where he revealed that he had discussed the USAID with President Trump, whom he claimed agreed to shut down the agency.  

“It became apparent that it’s not just an apple with a worm in it,” Musk said during the session. “What we have is just a ball of worms. You’ve got to basically get rid of the whole thing. It’s beyond repair…We’re shutting it down.”

In an X post yesterday, Congresswoman Sara Jacobs said that “lawsuits are underway” for DOGE and government officials affiliated with the Tesla CEO’s plans.

“This is illegal. Neither Donald Trump nor Elon Musk has the authority to eliminate USAID; only an act of Congress can do that,” she reckoned.

However, other senior government officials, like the newly appointed interim US attorney for the District of Columbia, Edward R. Martin, Jr, are warning that legal action may be taken against any officials who obstruct DOGE’s activities.

“Our initial review of the evidence presented to us indicates that certain individuals and/or groups have committed acts that appear to violate the law in targeting DOGE employees,” said Martin in a recent statement on X.

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