USA Corte Federale: blocco e ordine di cancellazione dei dati fiscali e di pagamento raccolti dal DOGE guidato da Elon Musk

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Eestimated reading time: 5 min UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STATE ...

 

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STATE OF NEW YORK; STATE OF ARIZONA, STATE
OF CALIFORNIA, STATE OF COLORADO, STATE OF
CONNECTICUT, STATE OF DELAWARE, STATE OF
HAWAII, STATE OF ILLINOIS, STATE OF MAINE,
STATE OF MARYLAND, COMMONWEALTH OF
MASSACHUSETTS, STATE OF MINNESOTA, STATE
OF NEVADA, STATE OF NEW JERSEY, STATE OF
NORTH CAROLINA, STATE OF OREGON, STATE OF
RHODE ISLAND, STATE OF VERMONT, and STATE
OF WISCONSIN ,

Plaintiff s ,
- v -

DONALD J. TRUMP, IN HIS OFFICIAL CAPACITY AS
PRESIDENT OF THE UNITED STATES; U.S.
DEPARTMENT OF THE TREASU RY; and SCOTT
BESSENT, IN HIS OFFICIAL CAPACITY AS
SECRETARY OF U.S. DEPARTMENT OF THE
TREASURY ,

Defendant s .



2 5 Civ. 114 4 (JAV)

ORDER



PAUL A. ENGELMAYER, District Judge:
This Court, sitting in its Part I capacity, t his evening received an application for a
temporary restraining order filed by the Attorney s General of the 19 States identified as plaintiffs
abo ve. The State s’ lawsuit challenges a new policy by the United States Department of the
Treasury, at the direction of the President and the Secretary of the Treasury, which , as alleged,
expands access to the payment systems of the Bureau of Fiscal Services (BFS) to political
appointees and “special government employees.” The States contend that this policy, inter alia ,
viol ates the Administrative Procedure Act (“APA”) , 5 U.S.C. §§ 551 et seq ., in multiple respects;
exceeds the statutory authority of the Department of the Treasury; violates the separation of Case 1:25-cv-01144-JAV Document 6 Filed 02/08/25 Page 1 of 4

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powers doctrine; and violates the T ake C are C lause of the United States Constitution . The States
seek declaratory and injunctive relief . Later this evening, upon the State s’ successful filing of
their submissions, this matter was assigned on a permanent basis to the Hon. Jeannette A.
Vargas, United States District Judge.
The Court has reviewed the affirmation of Colleen K. Faherty, dated Fe bruary 7, 2025 , in
support of the States’ motion for a temporary restraining order, the States’ m emorandum of l aw
in s upport of that motion, the States’ m otion for a t emporary r estraining o rder, dated February 7,
2025, and the C omplaint . The Court’s firm .......... .. ...., ... ... ....... ...... .. ...
States, they will face irreparable harm in the absence of injunctive relief . See Winter v. Nat. Res.
Def. Council, Inc ., 555 U.S. 7, 20 (2008 ) . That is both because of the risk that the new policy
present s of the disclosure of sensitive and confidential information and the heightened risk that
the systems in question will be more vulnerable than before to hacking. The Court’s further
assessment is that , again for the reasons given by the States, the States have shown a likelihood
of success on the merits of their claims , with the States’ statutory claims presenting as
particularly strong. The Court’s further .......... .. .... ... ....... .. ... ........ , ... ...
reasons stated by the States, favors the entry of emergency relief.
The Court accordingly:
ORDER S that the defendants show cause before the Hon. Jeannette A. Vargas , at
C ourtroom 14C , United States Courthouse, 500 Pearl Street, New York, New York , at 2 p.m. on
Friday, February 14, 2025, why an order should not be issued pursuant to Rule 65 of the Federal
Rules of Civil Procedure preliminarily enjoining the defendants during the pendency of this
action from granting to political appointees, special government employees, and any government
emp loyee detailed from an agency outside the Treasury Department access to Treasury Case 1:25-cv-01144-JAV Document 6 Filed 02/08/25 Page 2 of 4

3
Department payment systems or any other data maintained by the Treasury Department
containing personal ly identif iable information; and further
ORDER S that, sufficient reason h aving been shown therefor, pending the hearing of the
States’ application for a preliminary injunction, pursuant to Rule 65 of the Fed eral Rules of Civil
Procedure, the d efendants are (i) r estrained from g ranting access to any Treasury Department
payment r ecord, payment systems, or any other data systems maintained by the Treasury
Department containing personally identifiable information and/or confidential financial
information of payees , other th an to civil servants with a need for access to perform their job
duties within the Bureau of Fiscal Services who have passed all background checks and security
clearances and taken all information security training called for in federal statutes and Treasury
Department regulations ; (ii) restrained from granting acc ess to all political appointees, special
government employees, and government employees detailed from an agency outside the
Treasury Department, to any Treasury Department payment record, payment systems, or any
other data systems maintained by the Treasur y Department containing personally identifiable
information and/or confidential financial information of payees ; and (ii i ) ordered to direct any
person prohibited above from having access to such information, records and systems but who
has had access to s uch information, records, and systems since January 20, 2025, to immediately
destroy any and all copies of material downloaded from the Treasury Department’s records and
systems, if any; and further
ORDERS that any opposition submission by d efendants be f iled by 5 p.m. on Tuesday,
February 11, 2025; and that any reply by the States be filed by 5 p.m. on Thursday, February 13,
2025; and further Case 1:25-cv-01144-JAV Document 6 Filed 02/08/25 Page 3 of 4

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ORDER S that personal service of a copy of this order and the States ’ above - described
affidavit, memorandum of law, and Complaint, be filed upon t he defendant s or their counsel on
or before February 8, 2025, by 12 noon ; and that the States forthwith serve these materials by
email on Government counsel Bradley Humphreys and Jeffrey Oestericher , whom the Court
understands ha ve independently been emailed the States’ filings ; and further
ORDERS that plaintiffs post security in the amount of $ 10, 000 prior to Friday, February
14, 2025, at 2 p.m .

SO ORDERED.


__________________________________
PAUL A. ENGELMAYER
United States District Judge ,
s itting in Part I
Dated: February 8 , 2025
New York, New York
Case 1:25-cv-01144-JAV Document 6 Filed 02/08/25 Page 4 of 4