Trump Administration Strikes Back Against Judicial Overreach
The Trump team isn’t sitting back. They’re fighting hard against a move that many say goes too far.
On Sunday night, the administration filed an emergency motion. This was 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. The order hit hard.
It blocks the Department of Government Efficiency (DOGE)—led by Elon Musk—and even Treasury Secretary Scott Bessent from touching key Treasury Department payment systems. These systems are a lifeline. They handle everything from tax refunds to Social Security benefits, disability payments, and even federal employee salaries.
But here’s the kicker: This wasn’t just any order. It was ex parte. Trump’s legal team wasn’t even there. No notice, no opportunity for argument. It was a one-sided session that only let Democrat attorneys general speak up. If you think that’s fishy, you’re not alone. It’s downright shady.
Things got even more out of line. The judge didn’t just restrict access; he ordered the immediate destruction of any information DOGE had touched since January 20—the day Trump was sworn in.
The Trump administration isn’t holding back. Their emergency motion argues that this order is a violation of Article II of the Constitution. According to the motion, this order is a “remarkable intrusion” on executive power and could cause “irreparable harm” to the way our government functions.
There is no room for half-measures. As the motion bluntly puts it: “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 fired off a blistering post on X about this mess:
He said, “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.”
This isn’t just legal finger-pointing—it’s a battle for the very principles our nation was built on. The separation of powers matters. When a rogue judge blocks a President from overseeing his own departments, it’s a serious problem.
The hearing is scheduled for February 14. But the Trump administration is demanding immediate action to trash this anti-constitutional order—and they’re right to do so. The executive branch answers to the American people. It doesn’t answer to activist judges or to Letitia James.
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