Arizona's Kris Mayes joined 18 other Democratic attorneys general and sued President Donald Trump on Friday to stop Elon Musk's Department of Government Efficiency from accessing Treasury Department records that contain sensitive personal data such as Social Security and bank account numbers for millions of Americans.
The case, filed in federal court in New York City, alleges the Trump administration allowed Musk's team access to the Treasury Department’s central payment system in violation of federal law.
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.
The White House did not immediately respond to a request for comment.
"I genuinely believe that our country has never been in a more dangerous position than we are now, at least since the Civil War. And I don’t say that lightly. As you know, I have called what’s going on in Washington, D.C., right now with Elon Musk’s infiltration of the Treasury Department and so many other agencies unlawfully, I call it a coup because it is. And they continue to violate federal court orders," Mayes said in an interview with KJZZ's The Show.
"When we get court orders to stop Elon Musk and the president. They have violated those. That is a coup. And I deeply believe it’s my job to stand up to it," she added.
Musk's Department of Government Efficiency, also known as DOGE, was created to discover and eliminate what the Trump administration has deemed to be wasteful government spending. DOGE's access to Treasury records, as well as its inspection of various government agencies, has ignited widespread concern among critics over the increasing power of Musk, while supporters have cheered at the idea of reining in bloated government finances.
Also on the lawsuit are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin.
The lawsuit from the attorneys general alleges that DOGE’s access to the Treasury records could interfere with funding already appropriated by Congress, which would exceed the Treasury Department’s statutory authority. The case also argues that the DOGE access violates federal administrative law and the U.S. Constitution’s separation of powers doctrine.
The Treasury Department has said the review is about assessing the integrity of the system and that no changes are being made. According to two people familiar with the process, Musk’s team began its inquiry looking for ways to suspend payments made by the U.S. Agency for International Development, which Trump and Musk are attempting to dismantle. The two people spoke with The Associated Press on condition of anonymity for fear of retaliation.
Also, labor unions and advocacy groups have sued to block the payments system review over concerns about its legality. A judge in Washington on Thursday temporarily restricted access to two employees with “read only” privileges.
Gallego joins lawmaker letter seeking investigation
Democratic lawmakers including Sen. Ruben Gallego of Arizona are seeking a Treasury Department investigation of the access that Elon Musk's team was given to the government's payment system, citing “threats to the economy and national security, and the potential violation of laws protecting Americans’ privacy and tax data.”
The lawmakers sent letters Friday to Treasury's deputy inspector general and the acting inspector general for tax administration, in addition to Sen. Elizabeth Warren, D-Mass., writing to Treasury Secretary Scott Bessent. The letters laid out their concerns over a lack of transparency and public accountability about the access being granted to the federal government's financial plumbing.
The payments system handles trillions of dollars over the course of a year, including tax refunds, Social Security benefits and much more. That raises questions about whether the review by the tech billionaire Musk's Department of Government Efficiency is legal.
The lead writers of the inspectors general letter, Warren and Sen. Ron Wyden, D-Ore., have sounded multiple alarms about a review that largely remains shrouded from public scrutiny.
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