Trump Administration Files Emergency Motion, Asserts Article II Executive Power “No Court Can Sever”
By Joshua C.
Yesterday we told you about Vice President JD Vance’s response to the corrupt judgement regarding the Treasury Department.
Now, the Trump Administration is taking action, asserting its legitimate constitutional authority in the matter.
A restraining order issued by Obama appointee, Judge Engelmayer, stemming from (you guessed it) NY Attorney General Letitia James office had been issued to halt “political appointees” from accessing the Treasury payment system.
In response, both DOGE’s director Elon Musk and VP Vance responded initially via social media:
This ruling is absolutely insane!
How on Earth are we supposed to stop fraud and waste of taxpayer money without looking at how money is spent?
That’s literally impossible!
Something super shady is going to protect scammers. https://t.co/7Eyy9ZsN7A
— Elon Musk (@elonmusk) February 8, 2025
JD Vance’s reaction was pinprick-accurate.
And I had a feeling yesterday that it might foreshadow things to come in terms of a Constitutional play by the Trump Administration.
Here’s what Vance argued, with simple eloquence:
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
And now today the Trump Administration has indeed taken action against this corrupt abuse of judicial authority.
In response to the “ex parte” (meaning the Trump Administration wasn’t even alerted to the proceeding) restraining order issued by the court, President Trump’s team has filed an emergency motion.
The ‘motion to vacate’ filed against the restraining order blocking DOGE’s work in the Treasury Department (and even blocking the Secretary of the Treasury from accessing the payment system!) asserted Constitutional Presidential powers referenced in Article II of the Constitution.
In essence, the Trump Administration is arguing that the legitimate Constitutional authority of the President includes supervision authority over the government, and can not legitimately be “severed” by a court.
The restraining order, while on the surface couched in language designating it as an attempt to protect privacy, was in reality a thinly veiled case of lawfare boldly attempting to impinge the Constitutional authority of the President on political grounds.
The restraining order specifically restricted “political appointees” from accessing the payment system, according to report by Courthouse News:
The Trump administration is asking a federal judge to throw out a temporary restraining order imposed over the weekend that bars billionaire Elon Musk’s Department of Government Efficiency from accessing sensitive personal data stored on the Treasury Department’s central payment system.
In the motion filed just before midnight on Sunday, administration lawyers say that the emergency injunction put in place late Friday is “markedly overbroad” in restricting all political appointees, special government employees, and non-Treasury federal employees from accessing and potentially rewriting code on data systems within the Treasury’s Bureau of the Fiscal Service payment platform.
The pause came in response to a constitutional challenge by attorneys general in Democratic states to the access Musk’s team of DOGE engineers has to the Treasury system, which controls trillions in federal spending.
“There is no sound reason that it should extend to Treasury’s leadership, who are charged with overseeing and administering the department without interruption,” President Donald Trump’s administration wrote in the petition to vacate the injunction.
“To the extent the order applies to senior political appointees at Treasury, it is an extraordinary and unprecedented judicial interference with a cabinet secretary’s ability to oversee the department he was constitutionally appointed to lead. Interfering with those basic functions, even for a day, will cause irreparable harm to the government,” they wrote.
Not only is the Trump administration 100% correct in its reading of the Constitutional powers of the Presidency in terms of the supervision mandate over the government…
But as Tony Seruga pointed out on X just a short time ago… the President is the ‘Chief Magistrate’ of the United States.
He literally has the power to arrest corrupt judges.
Wait until they realize President Trump has the absolute power to arrest corrupt activist judges. The President IS the Chief Magistrate of the United States.
Federal judge blocks Musk’s DOGE from access to Treasury Department material
A federal judge temporarily blocked… pic.twitter.com/9Ejs6QRx2G
— Tony Seruga (@TonySeruga) February 8, 2025