Lawsuit Filed Over Attempts by Elon Musk’s DOGE to Take Over U.S. Benefit Payment System
By Ashley Murray for States Newsroom
WASHINGTON — Two large unions and an alliance that together represent millions of government and retired workers are suing Treasury Secretary Scott Bessent for allowing a “massive and unprecedented” intrusion into Americans’ personal data, beginning last week when the newly confirmed secretary handed over the department’s payment system to billionaire entrepreneur Elon Musk.
The American Federation of Government Employees, Service Employees International Union and Alliance for Retired Americans filed suit Monday arguing that members of Musk’s so-called Department of Government Efficiency (DOGE) broke federal privacy laws by infiltrating the system that handles trillions in payments — including income taxes, Social Security benefits and veterans pay.
“Millions of people cannot avoid engaging in financial transactions with the federal government and, therefore, cannot avoid having their sensitive personal and financial information maintained in government records,” according to the complaint filed in the U.S. District Court in the District of Columbia.
The plaintiffs are represented by two legal aid groups, the Public Citizen Litigation Group and the State Democracy Defenders Fund.
“Secretary Bessent’s action granting DOGE-affiliated individuals full, continuous, and ongoing access to that information for an unspecified period of time means that retirees, taxpayers, federal employees, companies, and other individuals from all walks of life have no assurance that their information will receive the protection that federal law affords,” the complaint continued.
A rally was also scheduled for late Tuesday afternoon at the Treasury Department to protest Musk’s moves.
What Is DOGE?
DOGE, an acronym for the Department of Government Efficiency, is not a government department. Agencies within the executive branch can only be created by Congress.
Trump convened DOGE, following a campaign promise to major campaign donor Musk, via an executive order signed on his first day in office. The order renamed the U.S. Digital Service — the information technology arm of the federal government — to the U.S. DOGE Service.
The order also established an 18-month “U.S. DOGE Service Temporary Organization” for the purposes of “modernizing Federal technology and software to maximize governmental efficiency and productivity.”
Trump and Musk — and former presidential hopeful Vivek Ramaswamy, who is no longer part of the temporary endeavor — touted on the campaign trail the creation of an entity that would cut $2 trillion in government spending.
Trump has since named Musk a temporary “special government employee,” White House press secretary Karoline Leavitt told reporters Monday, adding that she was “not sure” which security clearances Musk has.
Youthful Engineers
The Washington Post first reported Friday that a top Treasury official was placed on administrative leave by the Trump White House for refusing to allow personnel from so-called DOGE to access the federal payment system.
WIRED reported that Musk’s DOGE team is largely made up of engineers ages 19 to 24 who have ties to Musk’s other companies.
WIRED further uncovered that one 25-year-old engineer, Marko Elez, now reportedly has the ability to read and write code for two of Treasury’s most sensitive systems — the Payment Automation Manager and the Secure Payment System, both managed by the Bureau of the Fiscal Service.
States Newsroom reached out to the White House, the Department of the Treasury, and to representatives of DOGE for comment but did not receive responses.
DOGE In USAID
Representatives from the U.S. DOGE Service continued accessing sensitive government files over the weekend when personnel demanded entry into computer systems at the U.S. Agency for International Development’s (USAID) Washington, D.C., headquarters.
At least two USAID security officials were put on administrative leave after initially refusing to grant access, according to CNN.
Democratic lawmakers protested outside the agency’s main office on Monday and vowed a legal fight. States Newsroom witnessed the lawmakers being denied entry into the USAID offices.
USAID employees who work in the Ronald Reagan Building and International Trade Center were told in emails and text blasts not to report to the office Monday.
The agency’s website, USAID.gov, and its X social media account went dark Saturday. Musk owns X.
Last updated 12:45 p.m., February 4, 2025
A coup is taking place. An unelected immigrant is being allowed to take over vital portions of our government, without regard for our privacy or national security. Putin is thrilled!