Vance and Musk question the authority of the courts as Trump's agenda faces legal pushback

TRUMP ADMINISTRATION AND THE NEWLY FORMED DEPARTMENT OF GOVERNMENT EFFICIENCY. THAT AGENCY IS BEING HEADED UP BY ELON MUSK AS A SPECIAL GOVERNMENT EMPLOYEE. AND UNDER HIS LEADERSHIP, FEDERAL EMPLOYEES HAVE BEEN PUT ON LEAVE IN MANY CASES, AND THEY’RE CURRENTLY IN THE PROCESS OF SHUTTING DOWN THE AGENCY, USAID. THERE’S BEEN A FLURRY OF HEADLINES ABOUT DOGE, SO WE WANTED TO GET THE FACTS ON THIS. LET’S BRING IN LOU JACOBSON WITH POLITIFACT, JOINS US LIVE NOW. AND, LOU, I KNOW YOU AND YOUR TEAM HAVE BEEN DIGGING INTO THIS. SO WHAT CAN YOU TELL US ABOUT THE LEGALITY SO FAR OF THESE MOVES BY MUSK AND, AND ABOUT DOGE WRIT LARGE? YEAH. SO IT’S IT’S A PRETTY COMPLICATED QUESTION TO ANSWER. FOR STARTERS, PRESIDENT TRUMP CREATED DOGE ON JANUARY 20TH. SO IT’S A REAL THING, BUT IT’S NOT LIKE A TRADITIONAL FEDERAL DEPARTMENT OR AGENCY IN WHICH CONGRESS, WITH THE BACKING OF THE PRESIDENT, CREATES AND FUNDS A DEPARTMENT WITH A SPECIFIC GOAL OR MISSION IN MIND. DOJ’S BUDGET AND STAFFING ARE KIND OF A MYSTERY RIGHT NOW WHEN IT COMES TO CUTTING SPENDING THAT HAS ALREADY BEEN PUT IN PLACE BY CONGRESS, WHICH IS SOMETHING DOGE SEEMS TO WANT TO DO, AND THAT IT MAY HAVE ALREADY DONE. WE HAVE FOUND THAT LEGAL SCHOLARS ARE PRETTY UNIFIED IN SAYING THAT THAT’S JUST SIMPLY NOT LEGAL. THAT’S BECAUSE THE CONSTITUTION GIVES CONGRESS THE POWER OF THE PURSE, AND SEVERAL SUBSEQUENT LAWS PASSED BY CONGRESS HAVE STRENGTHENED CONGRESS’S OWN POWER. FOR INSTANCE, A LAW PASSED IN 1974 SETS OUT A STRAIGHTFORWARD PROCESS FOR FAST TRACKING, KIND OF PIECEMEAL CUTS THAT ARE SOUGHT BY THE WHITE HOUSE. BUT THE TRUMP WHITE HOUSE HAS NOT TRIED TO USE THAT PROCESS. IT INSTEAD HAS BEEN FAVORING USING DOGE TO DO IT KIND OF ACROSS THE BOARD ON THEIR OWN. IF DOGE GOES TOO FAR AND IT STARTS TO CUT FEDERAL FUNDING THAT HAS BEEN PUT IN PLACE BY CONGRESS, THEN CONGRESS COULD BE FORFEITING ONE OF THE MAIN LEVERS OF POWER INSTITUTIONALLY THAT IT’S HELD FOR FOR MORE THAN TWO CENTURIES. AND THAT’S THE POWER TO SPEND MONEY AND TO CREATE AND AND TO RESHAPE GOVERNMENT DEPARTMENTS THROUGH THROUGH LAWS. RIGHT NOW, IT SEEMS LIKE THE GOP WOULD CONTROL THE CHAMBERS OF CONGRESS, DOESN’T HAVE A DESIRE TO TAKE ON TRUMP, TRUMP OR MUSK OVER THIS QUESTION. AND THE DEMOCRATS DON’T HAVE THE POWER TO PASS ANY NEW LAWS TO CURB DOGE’S POWERS WITHOUT GOP CONSENT, WHICH THEY’RE NOT GETTING. SO THE MOST LIKELY WAY THAT DOGE CAN BE STOPPED IF IT’S GOING TO BE STOPPED WILL COME FROM LAWSUITS BY PEOPLE AFFECTED BY THE CUTS THAT ARE MADE. IF THE COURTS AGREE WITH THE CRITICS AND THAT THAT DOGE IS GOING TOO FAR WITH THESE CUTS AND IT’S IT’S SORT OF OVER OVEREXTENDING ITS POWERS, THEN THAT SHOULD SHOULD STOP IT, YOU KNOW, AS LONG AS THE TRUMP ADMINISTRATION ACTUALLY FOLLOWS THOSE COURT ORDERS. BUT IT’S ALSO POSSIBLE THAT THE JUDICIAL PROCESS, IT CAN BE TIME CONSUMING. WITH BACK AND FORTH ARGUMENTS AND SO FORTH. AND, YOU KNOW, IT MIGHT PROVE THAT THE COURTS ARE TOO SLOW AND DRAWN OUT TO STOP WHAT DOGE IS DOING IN REAL TIME. SO EVEN THOUGH THE LAW SEEMS STACKED AGAINST DOGE, ACCORDING TO LEGAL EXPERTS, MUSK AND HIS STAFF MAY STILL BE ABLE TO DO QUITE, QUITE A LOT BEFORE ANY FRICTION FROM THE COURTS KICKS IN. YEAH, WE KNOW THE LAWSUITS ARE ALREADY PLAYING OUT, BUT THE QUESTION IS, YOU KNOW, FOR USAID, FOR INSTANCE, 10,000 PEOPLE PUT ON LEAVE, ESSENTIALLY 300 REMAINING. IF THE COURTS WERE TO REINSTATE THAT, HOW DO YOU BRING BACK 10,000 PEOPLE? A LOT OF QUESTIONS STILL TO BE ANSWERED. LOU

Top Trump administration officials are openly questioning the judiciary's authority to serve as a check on executive power as the new president's sweeping agenda faces growing pushback from the courts.Related video above — Get the Facts: Examining legality of actions by DOGE, MuskOver the past 24 hours, officials ranging from billionaire Elon Musk to Vice President JD Vance have not only criticized a federal judge's decision early Saturday that blocks Musk's Department of Government Efficiency from accessing Treasury Department records but have also attacked the legitimacy of judicial oversight, a fundamental pillar of American democracy, which is based on the separation of powers."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," Vance wrote on X on Sunday morning.That post came hours after Musk said overnight that the judge who ruled against him should be impeached."A corrupt judge protecting corruption. He needs to be impeached NOW!" said Musk, who has been tasked by President Donald Trump with rooting out waste across the federal government.Musk also shared a post from a user who had suggested that the Trump administration openly defy the court order."I don't like the precedent it sets when you defy a judicial ruling, but I'm just wondering what other options are these judges leaving us," the person had written, in part.The court order against Musk barred his team temporarily from accessing a Treasury system that contains sensitive personal data, such as Social Security and bank account numbers for millions of Americans. Musk and his team say they are simply rooting through government systems to identify waste and abuse at the direction of the Republican president.Deputy White House chief of staff Stephen Miller called the ruling "an assault on the very idea of democracy itself.""What we continue to see here is the idea that rogue bureaucrats who are elected by no one, who answer to no one, who have lifetime tenure jobs, who we would be told can never be fired, which, of course, is not true, that the power has been cemented and accumulated for years, whether it be with the Treasury bureaucrats or the FBI bureaucrats or the CIA bureaucrats or the USAID bureaucrats, with this unelected shadow force that is running our government and running our country," Miller said on Fox News Channel's "Sunday Morning Futures."The pushback comes as the administration's efforts to dismantle government agencies and eliminate large swaths of the federal workforce are being held up by the courts. Judges have also blocked Trump, at least temporarily, from moving forward with mass federal buyouts, from placing thousands of USAID workers on leave and from implementing an executive order that seeks to end birthright citizenship for anyone born in the U.S.Early Saturday, U.S. District Judge Paul A. Engelmayer issued a preliminary injunction after 19 Democratic attorneys general sued, alleging the Trump administration allowed Musk's team access to the Treasury Department's central payment system in violation of federal law."We're very disappointed with the judges that would make such a ruling, but we have a long way to go," Trump told reporters aboard Air Force One while he flew from Florida to New Orleans to attend the Super Bowl. He added: "No judge should frankly be allowed to make that kind of a decision."The payment system handles tax refunds, Social Security benefits, veterans' benefits and much more, sending out trillions of dollars every year while containing an expansive network of Americans' personal and financial data. A hearing is set for Feb. 14.Democrats have been sounding alarms over Musk and Trump's efforts, including efforts to halt spending that has already been appropriated by Congress. Under the U.S. Constitution, Congress is the body in charge of spending."I think this is the most serious Constitutional crisis the country has faced, certainly, since Watergate," Sen. Chris Murphy, D-Conn., said on ABC's "This Week." "This is a red alert moment when this entire country has to understand that our democracy is at risk."Murphy expressed concern that the courts are ill-prepared for the onslaught they are facing."The pace of this assault on the Constitution in order to serve the billionaire class, it is absolutely dizzying. And so, you have to run a full-scale opposition," Murphy said. "Ultimately, you've got to bring the American public into this conversation because we need our Republican colleagues in the House and in the Senate ultimately to put a stop to this. You cannot just rely on the court system."Republicans, who have largely stood in lockstep behind the president since he was sworn in for a second term, did so again on Sunday.Ohio Rep. Jim Jordan blasted the court ruling for the Treasury Department case while arguing that the president should be able to implement his agenda as he sees fit."I assume we will argue this out in court, like the other 17 or 18 decisions we have seen in the last several days. That all is going to get argued out in court. And, frankly, we knew the left, we knew the Democrats were going to do this," the Republican said on CNN's "Inside Politics."___Associated Press writer Darlene Superville aboard Air Force One contributed to this report.

WASHINGTON —

Related video above — Get the Facts: Examining legality of actions by DOGE, Musk

Over the past 24 hours, officials ranging from billionaire Elon Musk to Vice President JD Vance have not only criticized a federal judge's decision early Saturday that blocks Musk's Department of Government Efficiency from accessing Treasury Department records but have also attacked the legitimacy of judicial oversight, a fundamental pillar of American democracy, which is based on the separation of powers.

"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," Vance wrote on X on Sunday morning.

That post came hours after Musk said overnight that the judge who ruled against him should be impeached.

"A corrupt judge protecting corruption. He needs to be impeached NOW!" said Musk, who has been tasked by President Donald Trump with rooting out waste across the federal government.

Musk also shared a post from a user who had suggested that the Trump administration openly defy the court order.

"I don't like the precedent it sets when you defy a judicial ruling, but I'm just wondering what other options are these judges leaving us," the person had written, in part.

The court order against Musk barred his team temporarily from accessing a Treasury system that contains sensitive personal data, such as Social Security and bank account numbers for millions of Americans. Musk and his team say they are simply rooting through government systems to identify waste and abuse at the direction of the Republican president.

Deputy White House chief of staff Stephen Miller called the ruling "an assault on the very idea of democracy itself."

"What we continue to see here is the idea that rogue bureaucrats who are elected by no one, who answer to no one, who have lifetime tenure jobs, who we would be told can never be fired, which, of course, is not true, that the power has been cemented and accumulated for years, whether it be with the Treasury bureaucrats or the FBI bureaucrats or the CIA bureaucrats or the USAID bureaucrats, with this unelected shadow force that is running our government and running our country," Miller said on Fox News Channel's "Sunday Morning Futures."

The pushback comes as the administration's efforts to dismantle government agencies and eliminate large swaths of the federal workforce are being held up by the courts. Judges have also blocked Trump, at least temporarily, from moving forward with mass federal buyouts, from placing thousands of USAID workers on leave and from implementing an executive order that seeks to end birthright citizenship for anyone born in the U.S.

Early Saturday, U.S. District Judge Paul A. Engelmayer issued a preliminary injunction after 19 Democratic attorneys general sued, alleging the Trump administration allowed Musk's team access to the Treasury Department's central payment system in violation of federal law.

"We're very disappointed with the judges that would make such a ruling, but we have a long way to go," Trump told reporters aboard Air Force One while he flew from Florida to New Orleans to attend the Super Bowl. He added: "No judge should frankly be allowed to make that kind of a decision."

The payment system handles tax refunds, Social Security benefits, veterans' benefits and much more, sending out trillions of dollars every year while containing an expansive network of Americans' personal and financial data. A hearing is set for Feb. 14.

Democrats have been sounding alarms over Musk and Trump's efforts, including efforts to halt spending that has already been appropriated by Congress. Under the U.S. Constitution, Congress is the body in charge of spending.

"I think this is the most serious Constitutional crisis the country has faced, certainly, since Watergate," Sen. Chris Murphy, D-Conn., said on ABC's "This Week." "This is a red alert moment when this entire country has to understand that our democracy is at risk."

Murphy expressed concern that the courts are ill-prepared for the onslaught they are facing.

"The pace of this assault on the Constitution in order to serve the billionaire class, it is absolutely dizzying. And so, you have to run a full-scale opposition," Murphy said. "Ultimately, you've got to bring the American public into this conversation because we need our Republican colleagues in the House and in the Senate ultimately to put a stop to this. You cannot just rely on the court system."

Republicans, who have largely stood in lockstep behind the president since he was sworn in for a second term, did so again on Sunday.

Ohio Rep. Jim Jordan blasted the court ruling for the Treasury Department case while arguing that the president should be able to implement his agenda as he sees fit.

"I assume we will argue this out in court, like the other 17 or 18 decisions we have seen in the last several days. That all is going to get argued out in court. And, frankly, we knew the left, we knew the Democrats were going to do this," the Republican said on CNN's "Inside Politics."

___

Associated Press writer Darlene Superville aboard Air Force One contributed to this report.

��vlog