{"id":16058,"date":"2025-02-04T02:25:29","date_gmt":"2025-02-04T10:25:29","guid":{"rendered":"https:\/\/worldcampaign.net\/?p=16058"},"modified":"2025-02-05T02:45:15","modified_gmt":"2025-02-05T10:45:15","slug":"a-legal-counteroffensive-to-beat-back-trumps-government-purges-the-new-york-times","status":"publish","type":"post","link":"https:\/\/worldcampaign.net\/?p=16058","title":{"rendered":"&#8220;A Legal Counteroffensive to Beat Back Trump\u2019s Government Purges&#8221;, The New York Times"},"content":{"rendered":"\n<p id=\"article-summary\">A raft of new lawsuits contend that President Trump and Elon Musk are breaking the law to ransack the F.B.I. and other federal agencies. The courts will now decide.<\/p>\n\n\n\n<p>Listen to this article&nbsp;\u00b7 8:12 min&nbsp;<a href=\"https:\/\/help.nytimes.com\/hc\/en-us\/articles\/24318293692180\">Learn more<\/a><\/p>\n\n\n\n<p>By&nbsp;<a href=\"https:\/\/www.nytimes.com\/by\/mattathias-schwartz\">Mattathias Schwartz<\/a>&nbsp;and&nbsp;<a href=\"https:\/\/www.nytimes.com\/by\/charlie-savage\">Charlie Savage<\/a><\/p>\n\n\n\n<p>Feb. 4, 2025<\/p>\n\n\n\n<ul><\/ul>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/static01.nyt.com\/images\/2025\/02\/04\/multimedia\/04NAT-DOGE-SUITS-1-lckp\/04NAT-DOGE-SUITS-1-lckp-articleLarge.jpg?quality=75&amp;auto=webp&amp;disable=upscale\" alt=\"Elon Musk, who is wearing a suit, is seen in the background. Peope sit in the foreground.\"\/><figcaption class=\"wp-element-caption\">Elon Musk at President Donald J. Trump\u2019s inauguration last month in Washington, D.C. Mr. Musk has directed employees of what he has called the Department of Government Efficiency to access sensitive Treasury systems.Credit&#8230;Pool photo by Kenny Holston<\/figcaption><\/figure>\n\n\n\n<p>Workers from across the federal government set off a legal counteroffensive against President Trump and Elon Musk on Tuesday, challenging the legality of efforts to raze their agencies, single them out publicly or push them out of their jobs.<\/p>\n\n\n\n<p>The raft of lawsuits,&nbsp;<a href=\"https:\/\/www.nytimes.com\/2025\/02\/04\/us\/politics\/fbi-names-trump-jan-6-lawsuit.html\">filed by F.B.I. agents<\/a>, public sector unions, representatives of older Americans and liberal-leaning legal groups, hinges on fine points of law that deal with matters ranging from the privacy of taxpayer data to intricacies of federal rule-making. But together, they amount to the opening shots in an emerging legal battle over the constitutional order, checks and balances and the founders\u2019 vision of the separation of powers.<\/p>\n\n\n\n<p>It will be up to the courts to decide whether the president has the power to not only direct the executive branch, but also to forcefully recast it in his own image. It may also be up to the judicial branch of government to find a way to ensure that its own decisions are enforced.<\/p>\n\n\n\n<p>In short order on Tuesday,\u00a0<a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.mad.280398\/gov.uscourts.mad.280398.1.0_1.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">three government unions sued<\/a>\u00a0the U.S. Office of Personnel Management, or OPM \u2014 the federal government\u2019s human resources division \u2014 to block an effort to convince roughly two million federal employees to resign from their jobs early.<\/p>\n\n\n\n<p>Two groups of F.B.I. agents and bureau employees&nbsp;<a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.dcd.277085\/gov.uscourts.dcd.277085.1.0_1.pdf\" rel=\"noreferrer noopener\" target=\"_blank\">sued<\/a>&nbsp;<a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.dcd.277103\/gov.uscourts.dcd.277103.1.0_1.pdf\" rel=\"noreferrer noopener\" target=\"_blank\">to block<\/a>Mr. Trump from releasing the names of agents and staff members who participated in the investigations into the Capitol riot on Jan. 6, 2021, trying to head off what they fear is a looming purge.<\/p>\n\n\n\n<p>Labor unions and a retirees\u2019 group sued the Treasury Department to restrict access to sensitive Treasury systems that contain the private information of millions of Americans \u2014 and that the plaintiffs say may have already been compromised by Mr. Musk\u2019s employees through what he has labeled the Department of Government Efficiency, or DOGE.<\/p>\n\n\n\n<p>Separately, a group of transgender plaintiffs led by advocacy organizations and the American Civil Liberties Union sued to block Mr. Trump\u2019s order to defund gender-transition treatments for people under the age of 19. Two other pending lawsuits seek to block an executive order that would require the Bureau of Prisons to transfer trans female inmates to men\u2019s prisons. On Tuesday evening, one of those suits won a temporary restraining order, signed by Judge Royce C. Lamberth of the District of Columbia. It bars the Justice Department from transferring trans women to men\u2019s facilities or denying them gender-transition treatments, as mandated by one of Mr. Trump\u2019s&nbsp;<a href=\"https:\/\/public-inspection.federalregister.gov\/2025-02090.pdf\" rel=\"noreferrer noopener\" target=\"_blank\">executive orders<\/a>.<\/p>\n\n\n\n<p>Earlier, two federal employees, using pseudonyms, sued OPM to block the agency\u2019s access to the email address that sent the governmentwide resignation offer, which was similar to one Mr. Musk had sent to Twitter\u2019s employees after acquiring the company.<\/p>\n\n\n\n<p>The White House press office did not immediately respond to a request for comment.<\/p>\n\n\n\n<p>Collectively, the legal actions seek to check what the plaintiffs see as an unlawful effort \u2014 often helmed by Mr. Musk, an unelected billionaire with no formal position \u2014 to subvert long-established civil service protections and to grab from Congress its constitutionally mandated control of federal spending.<\/p>\n\n\n\n<p>But they are being pursued against a darkening backdrop of fear and possible intimidation.<\/p>\n\n\n\n<p>\u201cI would argue that there is the potential for physical harm,\u201d Kelly McClanahan, a lawyer for the two federal workers, argued in a hearing on Tuesday, pleading that his clients needed to remain anonymous or risk reprisals from supporters of Mr. Trump and Mr. Musk. \u201cThey have a history of putting people on blast, of tweeting out their names.\u201d<\/p>\n\n\n\n<p>At the heart of much of the action is Mr. Musk\u2019s new organization, which is not a department or official division but which has amassed extraordinary power in a matter of weeks, ostensibly to cut costs and reorder the government. An&nbsp;<a href=\"https:\/\/www.whitehouse.gov\/presidential-actions\/2025\/01\/establishing-and-implementing-the-presidents-department-of-government-efficiency\/\" rel=\"noreferrer noopener\" target=\"_blank\">executive order<\/a>&nbsp;calling for \u201cDOGE teams\u201d to be inserted within each federal agency claims its mission is \u201cto implement the president\u2019s DOGE agenda by modernizing federal technology and software to maximize governmental efficiency and productivity.\u201d<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"storyline-latest-updates\"><a href=\"https:\/\/www.nytimes.com\/live\/2025\/02\/04\/us\/trump-administration-rfk-jr-gabbard\">Trump Administration: Live Updates<\/a><\/h2>\n\n\n\n<p>Feb. 4, 2025, 7:56 p.m. ET<\/p>\n\n\n\n<ul>\n<li><a href=\"https:\/\/www.nytimes.com\/live\/2025\/02\/04\/us\/trump-administration-rfk-jr-gabbard#trump-united-nations-unrwa\">Trump stops funding for the U.N. agency that aids Palestinians and asks for a review of U.S. ties to the U.N.<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.nytimes.com\/live\/2025\/02\/04\/us\/trump-administration-rfk-jr-gabbard#pam-bondi-attorney-general-confirmation\">The Senate confirms Pam Bondi to be attorney general.<\/a><\/li>\n\n\n\n<li><a href=\"https:\/\/www.nytimes.com\/live\/2025\/02\/04\/us\/trump-administration-rfk-jr-gabbard#elon-musk-federal-payments\">The Treasury Department defends allowing Elon Musk\u2019s team to access the federal payment system.<\/a><\/li>\n<\/ul>\n\n\n\n<p>On Monday, Mr. Musk appeared to take credit for shuttering the U.S. Agency for International Development, a 63-year-old agency that funds health and development initiatives around the world. \u201cWe spent the weekend feeding U.S.A.I.D. into the wood chipper,\u201d he wrote in a social media post.<\/p>\n\n\n\n<p>Federal employees and their lawyers say Mr. Musk\u2019s staff, some of whom are in their late teens or early 20s, have seized the controls of some of the most sensitive data and information systems at the heart of the federal bureaucracy. These include an official email address that can contact almost all of the government\u2019s two million employees and&nbsp;<a href=\"https:\/\/www.nytimes.com\/2025\/02\/01\/us\/politics\/elon-musk-doge-federal-payments-system.html\">a system<\/a>&nbsp;at the Treasury that issues many payments from across the federal government.<\/p>\n\n\n\n<p>Both are the focus of two of the lawsuits. According to one suit, Mr. Musk\u2019s reach at Treasury means his group can access \u201cnames, Social Security numbers, birth dates, birth places, home addresses and telephone numbers, email addresses and bank account information about millions of individuals.\u201d<\/p>\n\n\n\n<p>White House officials have repeatedly said the claim is overblown. In a letter to Congress, the Treasury Department said that the Musk group\u2019s access to payment systems was \u201cread-only.\u201d<\/p>\n\n\n\n<p>Another one of the lawsuits, organized by Democracy Forward, a liberal-leaning legal nonprofit, argued that the push for governmentwide resignations is illegal. In their complaint, the plaintiffs argue that the effort ignores civil service rules and promises to reward employees who resign with money that hasn\u2019t yet been appropriated by Congress for that purpose.<\/p>\n\n\n\n<p>In an interview, Skye Perryman, Democracy Forward\u2019s chief executive, accused Mr. Musk and his group of seeking to undo the merit-based system that has been the foundation of the civil service for more than a century, and return the country to a corrupt era when government jobs were handed out as political favors.<\/p>\n\n\n\n<p>\u201cThis effort is seeking to revert us back to an unworkable system known as the spoils system,\u201d she said, \u201cone that the country abandoned in the 1800s, because it was not delivering for people.\u201d<\/p>\n\n\n\n<p>A third lawsuit seeks a restraining order to stop the Office of Personnel Management from sending out governmentwide emails from HR@opm.gov until the agency has completed a required privacy assessment. That lawsuit claims that DOGE is planning to conduct mass firings, and that it has brought in outside email servers that are potentially vulnerable to foreign hackers.<\/p>\n\n\n\n<p>The individuals in the cases relating to the F.B.I. and transgender care also filed under pseudonyms. One of the lawyers echoed the worry that releasing the plaintiffs\u2019 names could bring harm to those who use established legal channels to challenge Mr. Trump\u2019s policies.<\/p>\n\n\n\n<p>\u201cIt is clear that the threatened disclosure is a prelude to an unlawful purge of the F.B.I. driven solely by the Trump administration\u2019s vengeful and political motivations,\u201d Chris Mattei, a lawyer for the F.B.I. Agents Association, said in a statement. \u201cReleasing the names of these agents would ignite a firestorm of harassment toward them and their families, and it must be stopped immediately.\u201d<\/p>\n\n\n\n<p>The lawsuits came in response to a demand by Emil Bove, the acting deputy attorney general, that the F.B.I. compile and turn over a list of everyone who worked on the Capitol riot cases. That group, the lawsuits estimated, could include as many as 6,000 agents.<\/p>\n\n\n\n<p>The Trump administration has not said it intends to release the identities of the law enforcement officials. The information the F.B.I. provided on Tuesday identified employees by their workplace IDs, their title at the time of the relevant investigation or prosecution and the date of the last action related to the investigation, among other details, but not their names.<\/p>\n\n\n\n<p>But the administration\u2019s demand for names of people who worked on the cases has stoked the belief that it may move to fire them en masse.<\/p>\n\n\n\n<p>Seamus Hughes&nbsp;contributed research.<\/p>\n\n\n\n<p><a href=\"https:\/\/www.nytimes.com\/by\/charlie-savage\">Charlie Savage<\/a>&nbsp;writes about national security and legal policy.&nbsp;<a href=\"https:\/\/www.nytimes.com\/by\/charlie-savage\">More about Charlie Savage<\/a><\/p>\n\n\n\n<p>See more on:\u00a0<a href=\"https:\/\/www.nytimes.com\/section\/politics\">U.S. Politics<\/a>,\u00a0<a href=\"https:\/\/www.nytimes.com\/topic\/organization\/american-civil-liberties-union\">American Civil Liberties Union<\/a>,\u00a0<a href=\"https:\/\/www.nytimes.com\/topic\/organization\/federal-bureau-of-investigation\">Federal Bureau of Investigation<\/a>,\u00a0<a href=\"https:\/\/www.nytimes.com\/spotlight\/donald-trump\">Donald Trump<\/a>,\u00a0<a href=\"https:\/\/www.nytimes.com\/spotlight\/elon-musk\">Elon Musk<\/a>,\u00a0<a href=\"https:\/\/www.nytimes.com\/topic\/organization\/treasury-securities\">Treasury Securities<\/a><\/p>\n\n\n\n<ul><\/ul>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"styln-guide-title\">The Trump Administration\u2019s First 100 Days<\/h2>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<ul>\n<li><strong>Tariffs:<\/strong>\u00a0President Trump\u2019s demands on the United States\u2019 neighbors are difficult to measure. That allows him to\u00a0<a href=\"https:\/\/www.nytimes.com\/2025\/02\/03\/us\/politics\/trump-canada-mexico.html\">declare victory when he sees fit<\/a>.<\/li>\n\n\n\n<li><strong>U.S.A.I.D.:\u00a0<\/strong>Secretary of State Marco Rubio said that he had taken over as acting administrator of the U.S. Agency for International Development, assuming control of an agency that had functioned largely independently for over 60 years and\u00a0<a href=\"https:\/\/www.nytimes.com\/2025\/02\/03\/us\/politics\/usaid-trump-musk.html\">stoking fears about U.S. assistance around the world<\/a>.<\/li>\n\n\n\n<li><strong>DOGE:<\/strong>\u00a0Unions representing federal workers sued the Treasury Department and its head, Scott Bessent, in an\u00a0<a href=\"https:\/\/www.nytimes.com\/2025\/02\/03\/us\/politics\/elon-musk-treasury-payment-data.html\">effort to block Musk and his team from accessing the federal payment system<\/a>.<\/li>\n\n\n\n<li><strong>Immigration:<\/strong>\u00a0Defense Secretary Pete Hegseth vowed during a visit to the southwestern border to use\u00a0<a href=\"https:\/\/www.nytimes.com\/2025\/02\/03\/us\/politics\/defense-secretary-hegseth-border.html\">thousands of U.S. active-duty troops to help stem migrant crossings<\/a>.<\/li>\n\n\n\n<li><strong>Government Web Pages:<\/strong>\u00a0<a href=\"https:\/\/www.nytimes.com\/2025\/02\/02\/upshot\/trump-government-websites-missing-pages.html\">More than 8,000 web pages<\/a>\u00a0across more than a dozen U.S. government websites have been taken down, as federal agencies rush to heed Trump\u2019s orders targeting diversity initiatives and \u201cgender ideology.\u201d<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>A raft of new lawsuits contend that President Trump and Elon Musk are breaking the law to ransack the F.B.I. and other federal agencies. The courts will now decide. Listen to this article&nbsp;\u00b7 8:12 min&nbsp;Learn more By&nbsp;Mattathias Schwartz&nbsp;and&nbsp;Charlie Savage Feb. 4, 2025 Workers from across the federal government set off a legal counteroffensive against President [&hellip;]<\/p>\n","protected":false},"author":1001004,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[53],"tags":[],"_links":{"self":[{"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/posts\/16058"}],"collection":[{"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/users\/1001004"}],"replies":[{"embeddable":true,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16058"}],"version-history":[{"count":1,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/posts\/16058\/revisions"}],"predecessor-version":[{"id":16059,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=\/wp\/v2\/posts\/16058\/revisions\/16059"}],"wp:attachment":[{"href":"https:\/\/worldcampaign.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16058"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16058"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldcampaign.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16058"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}