WASHINGTON — Democratic attorneys general in several states vowed Thursday to file a lawsuit to stop Elon Musk's Department of Government Efficiency's from accessing federal payment systems containing Americans' sensitive personal information.
A dozen attorneys general, including New York's Letitia James, said in a statement that they were taking action “in defense of our Constitution, our right to privacy, and the essential funding that individuals and communities nationwide are counting on."
“As the richest man in the world, Elon Musk is not used to being told ‘no,’ but in our country, no one is above the law," the statement said. "The President does not have the power to give away our private information to anyone he chooses, and he cannot cut federal payments approved by Congress."
The White House did not immediately respond to a request for comment Thursday afternoon.
In an interview with Spectrum News NY1's "Inside City Hall," James said Musk has "not been elected to any office" and has not been "subjected to any scrutiny or conflicts of interest."
"He is in violation of the law. He is usurping the powers of Congress. He is acting arbitrary and capricious. He's doing this with the permission of the president of the United States," she said. "And it is the responsibility and duty of this attorney general, joined with other attorneys general across this nation, to challenge this illegality and to defend the law and the Constitution of these United States, but most importantly, to protect the privacy of Americans."
James said she wants the courts to provide a firewall between DOGE and Musk and all federal agencies, and to "return the data that they have access to."
"It's important that we defend the privacy rights and the data of all Americans," she added.
Government officials and labor unions have been among those raising concerns about DOGE's involvement with the payment system for the federal government, saying it could lead to security risks or missed payments for programs such as Social Security and Medicare.
Also Thursday, a federal judge ordered that two Musk allies have “read only” access to Treasury Department payment systems, but no one else will get access for now, including Musk himself. The ruling comes in a lawsuit filed by federal workers unions trying to stop the billionaire’s DOGE from following through on what they call a massive privacy invasion.
It was not immediate clear when the Democratic attorneys general will file their lawsuit.
Joining James in the statement were the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Maine, Maryland, Minnesota, Nevada, Rhode Island and Vermont.
President Donald Trump tapped Musk, the world’s richest man, to shrink the size of the U.S. government.
Democrats have criticized the tech billionaire’s maneuvers, which include the hostile seizure of taxpayer data and the apparent closure of the government’s leading international humanitarian aid agency.
DOGE recently has gained access to sensitive payment data within the Treasury Department. It came after Treasury’s acting Deputy Secretary David Lebryk resigned under pressure after more than 30 years of service. The Washington Post reported that Lebryk resigned after Musk and DOGE requested access to sensitive Treasury data.