The Trump administration isn’t wasting any time in fighting back against what many are calling an unprecedented judicial overreach. On Sunday night, the administration filed an emergency motion to vacate an ex parte temporary restraining order issued by Obama-appointed Judge Paul A. Engelmayer from the U.S. District Court for the Southern District of New York.
Engelmayer’s order, issued in the dead of night on Saturday, effectively blocks the Department of Government Efficiency (DOGE)—led by Elon Musk—and even Treasury Secretary Scott Bessent from accessing key Treasury Department payment systems. These systems handle everything from tax refunds to Social Security benefits, disability payments, and federal employee salaries.
But here’s the kicker: this wasn’t just any court order. It was an ex parte order, meaning Trump’s legal team wasn’t even in the room. No notice, no argument—just a one-sided hearing where only Democrat attorneys general got to plead their case. If that sounds shady, that’s because it is.
Even more outrageous, the judge didn’t stop at limiting access. He ordered the immediate destruction of any information DOGE had accessed since January 20—the day Trump was inaugurated.
The Trump administration’s emergency motion argues that this order violates Article II of the Constitution, which establishes the President’s authority over the executive branch. The motion pulls no punches, calling the judge’s decision a “remarkable intrusion” on executive power, with the potential to cause “irreparable harm” to the government’s ability to function.
“There is not and cannot be a basis for distinguishing between ‘civil servants’ and ‘political appointees,’” the motion states. “Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership who ultimately answer to the President.”
Vice President JD Vance weighed in on the situation with a blistering post on X:
“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power.”
If a judge tried to tell a general how to conduct a military operation, that would be illegal.
If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal.
Judges aren't allowed to control the executive's legitimate power.
— JD Vance (@JDVance) February 9, 2025
This isn’t just a legal battle—it’s a fight for the very foundation of our constitutional system. The separation of powers exists for a reason, and if rogue judges can block the President from overseeing his own departments, we’ve got a serious problem.
The hearing is scheduled for February 14, but the Trump administration is demanding immediate action to dissolve this anti-constitutional order. As they should. The executive branch doesn’t answer to activist judges—or to Letitia James.
It answers to the American people.
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