Trump Administration Files Emergency Motion To Vacate Treasury’s Restraining Order

The Trump administration has filed an emergency motion to vacate an ex parte temporary restraining order issued by the U.S. District Court for the Southern District of New York.

This order egregiously interferes with the executive branch’s operations by limiting access to crucial Treasury Department systems.

On Saturday, Obama appointee Judge Paul A. Engelmayer issued an ex parte temporary restraining order that restricted access to Treasury systems exclusively to “civil servants,” explicitly excluding “all political appointees” from accessing these systems.

Ex parte means the “Trump administration lawyers weren’t given notice, weren’t allowed to argue, and weren’t even in the room. Only Democrat attorneys general were heard, ensuring a predetermined outcome.”

The order temporarily blocks the Department of Government Efficiency (DOGE), led by Elon Musk, and Secretary of the Treasury Scott Bessent, from accessing a sensitive payment system that distributes Americans’ tax returns, Social Security benefits, disability payments, and federal employee salaries.

It also mandates the immediate destruction of any information that may have been copied or downloaded by Musk’s DOGE team since January 20, the date Trump was inaugurated.

This order will remain in effect until a further hearing is scheduled for February 14, when the court will consider whether to extend or modify the restraining order.

On Sunday night, the Trump administration filed an emergency motion to dissolve, clarify, or modify an ex parte temporary restraining order issued by Engelmayer, asserting his ruling violates Article II of the Constitution.

Article II of the United States Constitution establishes the executive branch of the government and the role of the President.

The Trump administration argues that Engelmayer’s decision represents a “remarkable intrusion” on executive authority, emphasizing that the separation of powers doctrine protects the president’s right to supervise the executive branch, including all politically appointed leaders within the Treasury Department.