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    Trump Argues That Courts Cannot Block Musk’s Team From Treasury Systems

    Lawyers for the Trump administration argued late Sunday that a court order blocking Elon Musk’s aides from entering the Treasury Department’s payment and data systems impinged on the president’s absolute powers over the executive branch, which they argued the courts could not usurp.The filing by the administration came in response to a lawsuit filed Friday night by 19 attorneys general, led by New York’s Letitia James, who had won a temporary pause on Saturday. The lawsuit said the Trump administration’s policy of allowing appointees and “special government employees” access to these systems, which contain sensitive information such as bank details and social security numbers, was unlawful.Members of Mr. Musk’s so-called Department of Government Efficiency, which is not actually a department, have been combing through the databases to find expenditures to cut. The lawsuit says the initiative challenges the Constitution’s separation of powers, under which Congress determines government spending.A U.S. district judge in Manhattan, Paul A. Engelmayer, on Saturday ordered any such officials who had been granted access to the systems since Jan. 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.”Judge Engelmayer said in an emergency order that the officials’ access heightened the risk of leaks and of the systems becoming more vulnerable than before to hacking. He set a hearing in the case for Friday.Federal lawyers defending Mr. Trump — as well as the Treasury secretary, Scott Bessent, and the Treasury Department — called the order “markedly overboard” and said the court should dismiss the injunction, or at least modify his order.They argued that the order violated the Constitution by ignoring the separation of powers and severing the executive branch’s right to appoint its own employees. The restriction, they wrote, “draws an impermissible and anti-constitutional distinction” between civil servants and political appointees working in the Treasury Department.The filing followed warning shots over the weekend. Vice President JD Vance declared that the courts and judges aren’t allowed “to control the executive’s legitimate power,” although American courts have long engaged in the practice of judicial review.On Saturday, Mr. Trump called the ruling by Judge Engelmayer a “disgrace” and said that “No judge should, frankly, be allowed to make that kind of a decision.”This is a developing story and will be updated. More

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    Musk Team’s Treasury Access Raises Security Fears, Despite Judge’s Ordered Halt

    A federal judge’s order that Elon Musk’s team temporarily cease boring into the Treasury Department’s payment systems raises a far larger question: whether what Elon Musk has labeled the Department of Government Efficiency is creating a major cyber and national security vulnerability.The activities of Mr. Musk’s government cost-cutting effort, U.S. District Judge Paul A. Engelmayer said in his order on Saturday, risk “the disclosure of sensitive and confidential information” and render the Treasury’s systems “more vulnerable than before to hacking.”It is a risk that cybersecurity experts have been sounding alarms over in the past 10 days, as Mr. Musk’s band of young coders demanded access to the Treasury’s innermost systems. That access was ultimately granted by Scott Bessent, the newly confirmed Treasury secretary.But other than vague assurances that the new arrivals at the Treasury’s door had proper clearances, there was no description of how their work would be secured — and plenty of reason to believe that it would make it easier for Chinese and Russian intelligence services to target the Treasury’s systems.That was the central argument made by 19 attorneys general as they sought a temporary restraining order to get Mr. Musk’s workers out of the Treasury systems. And Judge Engelmayer endorsed it on Saturday, limiting access to existing Treasury officials until a hearing next week in front of a different federal judge.The government has maintained that Mr. Musk’s team has been limited to reviewing “read-only” data in the Treasury Department’s systems, though the administration is now placing appointees in positions where they could do much more.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Democratic Lawmakers Denied Entry to the Department of Education

    In a striking display of the limits being placed on congressional authority in the first weeks of the new administration, several Democratic lawmakers were denied entry to the U.S. Department of Education on Friday.“Get out of the way,” Representative Maxine Waters of California told a man blocking more than a dozen House Democrats from the doors at the department’s Washington offices. The man, who was not identified by name, said he was a federal employee working for the department.“Did Elon Musk hire you?” asked Representative Becca Balint of Vermont.“This is an outrage,” Representative Mark Takano of California shouted as he and his colleagues were physically blocked from entering the building. “We have oversight responsibilities,” he said during the unsuccessful attempt to enter.The clash, captured on video by multiple members, was yet another episode that became a flashpoint in the intensifying battle over the administration’s efforts to reshape the federal bureaucracy.“They are blocking members of Congress from entering the Department of Education! Elon is allowed in and not the people? ILLEGAL,” Representative Maxwell Frost of Florida wrote in a post.It is unclear, however, if the federal employee violated any laws by refusing entry. While members of Congress do have an oversight role over federal agencies, that power is typically exercised through hearings and enforcement of policies.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Musk’s Lost Boys and Trump’s Mean Girls

    Tom Stoppard wrote in “The Real Thing,” his enticing play about infidelity: “To marry one actress is unfortunate. To marry two is simply asking for it.”Here’s a political corollary: To elect one Emperor of Chaos is unfortunate. To let two run the government is simply asking for it.Presidents Trump and Musk have merged their cult followings, attention addictions, conspiratorial mind-sets, disinformation artistry, disdain for the Constitution, talent for apocalyptic marketing and jumping-from-thing-to-thing styles.With a pitiless and mindless velocity, they are running roughshod over the government — and the globe.Queasy D.C. denizens are waiting anxiously to see if judges can save the country from the scofflaws running it.The two unchecked and unbalanced billionaires are entwined in a heady and earth-shattering relationship.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Delaware Law Has Entered the Culture War

    Elon Musk has helped bring an esoteric debate around the Delaware Chancery Court to a national stage. Now Dropbox and Meta are contemplating moving their incorporation away from the state.The clubby insular world of corporate law has entered the culture war.First, Elon Musk started railing against Delaware, which for more than a century has been known as the home of corporate law, after the Delaware Chancery Court chancellor, Kathaleen McCormick, rejected his lofty pay package last year.Eventually he switched where Tesla is incorporated to Texas.Now, Dropbox has announced shareholder approval to move where it is incorporated to outside Delaware, and Meta is considering following suit. Others are also evaluating whether to make the move, DealBook hears.Musk’s ire against the state where nearly 70 percent of Fortune 500 companies are incorporated brought what would usually be an esoteric issue to the national stage and framed it, alongside hot button issues like diversity, equity and inclusion programs, as one further example of overreach.“You can blame McCormick or you can blame Musk — or you can say it’s a combination of the two of them — but it has turned it into a highly ideologically charged political issue, which it never, ever was before,” said Robert Anderson, a professor at the University of Arkansas School of Law.The drama over court rulings could have huge consequences for the economy and politics of Delaware, which counts on corporate franchise revenue for about 30 percent of its budget — and more, if you count secondary impacts like tax payments generated by the legal industry.At issue is a longstanding question in corporate America: How much say should minority shareholders have, especially in a controlled company? One side argues that founders like Mark Zuckerberg are given controlling shares, which give them outsize influence in a company, with the belief that they know what is best for a company. And minority shareholders buy into a company knowing their limitations. The other side argues these controlling shareholders are not perfect.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    U.S.A.I.D. Workers Brace for the Worst

    The thousands of people who work for the U.S. government’s main agency for humanitarian aid and disaster relief have been on the front lines of efforts to fight famine, contain virulent infectious diseases like H.I.V. and Ebola, and rebuild infrastructure in impoverished and war-torn countries.On Friday evening, just hours before the vast majority of them were set to have been suspended with pay or laid off, a court issued a limited, temporary order against the Trump administration’s moves to shut down the agency.The order was a temporary reprieve to approximately 2,700 direct hires of the U.S. Agency for International Development who were on administrative leave or set to be placed on leave by midnight Friday. For the past two weeks, they and the contractors who work for the agency had been in the throes of a collective panic as the Trump administration began to lay off staff and signaled it planned to decimate the agency.But the U.S.A.I.D. work force, and the aid industry that relies in large part on the agency’s funding, is still acutely in limbo. On Saturday, U.S.A.I.D. informed employees affected by the order that employees already on administrative leave would be reinstated until the end Friday, Feb. 14, and that no one else would be suspended with pay during that period, according to a copy of the notice viewed by The New York Times. But those employees could still have to wait for weeks, months, or potentially even longer, for a verdict. The case, which was brought on behalf of unions representing the workers, is expected to go to the Supreme Court, and it is unclear whether the jobs will ever exist again.The Trump administration’s announcement this week that U.S.A.I.D. would dismiss almost all of its contractors and that most Foreign Service officers and other direct hires would be put on indefinite administrative leave set off a panic around the globe, as Americans posted in missions abroad scrambled to dismantle and reassemble their lives.The announcement gave Foreign Service officers just 30 days to depart their posts and return to the United States if they wanted the U.S. government to pay for their relocation, forcing nearly the entire diplomatic staff to plan the sort of swift exit that normally only takes place during coups and wars.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Now Is Not the Time to Tune Out

    Don’t get distracted. Don’t get overwhelmed. Don’t get paralyzed and pulled into the chaos that President Trump and his allies are purposely creating with the volume and speed of executive orders; the effort to dismantle the federal government; the performative attacks on immigrants, transgender people and the very concept of diversity itself; the demands that other countries accept Americans as their new overlords; and the dizzying sense that the White House could do or say anything at any moment. All of this is intended to keep the country on its back heel so President Trump can blaze ahead in his drive for maximum executive power, so no one can stop the audacious, ill-conceived and frequently illegal agenda being advanced by his administration. For goodness sake, don’t tune out.The actions of this presidency need to be tracked, and when they cross moral or legal lines, they need to be challenged, boldly and thoughtfully, with the confidence that the nation’s system of checks and balances will prove up to the task. There are reasons for concern on that front, of course. The Republican-led Congress has so far abdicated its role as a coequal branch of government, from allowing its laws and spending directives to be systematically cast aside to fearfully assenting to the president stocking his cabinet with erratic, unqualified loyalists. Much of civil society — from the business community, to higher education, to parts of the corporate media — has been disturbingly quiet, even acquiescent.But there are encouraging signs as well. The courts, the most important check on a president who aims to expand his legally authorized powers and remove any guardrails, so far have held, blocking a number of Mr. Trump’s initiatives. States have also taken action, with several Democratic attorneys general suing over Mr. Trump’s attempts to freeze federal grant funding and end birthright citizenship and vowing to fight Elon Musk’s team’s access to federal payment systems containing personal information. State or local officials are also defending their laws in the face of federal immigration raids and fighting Mr. Trump’s executive order barring gender-affirming medical care for transgender children. And independent-minded journalism organizations have continued excellent reporting on the fire hose of excesses of these early days, bringing essential information to the public.None of this is to say that Mr. Trump shouldn’t have the opportunity to govern. Seventy-seven million Americans cast ballots to put Mr. Trump back in the White House, and the Republican Party, now fully remade in service of the MAGA movement, holds majorities in both houses of Congress. Elections, it is often noted, have consequences. But is this unconstitutional overhaul of the American government — far more sweeping, haphazard and cruel than anything he campaigned on — really what those voters signed up for? To put America’s system of checks and balances, its alliances and its national security at risk? Because, beyond the bluster, that is what Mr. Trump, Mr. Musk and their supporters are doing.Three weeks into the second Trump term, here are a handful of the places where Americans can’t afford to turn away:Elon Musk’s Executive Takeover. The problem is not that Mr. Musk is unelected, it’s that he is breaking the law. Not even a full-time government employee, he is trying to unilaterally shut down or dismantle entire federal agencies and departments, ignoring congressional mandates — this is prohibited by the Constitution. He and his team are behind the announced buyout offers to millions of civil servants — including the entire C.I.A. work force — and have effectively forced out top officials whom he has no power to fire. He is on a mission to rampage through the government’s confidential payment systems with an anarchist’s glee, deciding on his own which aspects of federal spending are legitimate, and substituting his instinctual embrace of conspiracy theories for any effort to understand the government functions he’s undermining.Both the president and Mr. Musk seem to relish that most of their actions are plainly illegal, daring the courts to step in and stop them, on the theory that these laws are flawed to begin with. At the same time, you have the richest man in the world leading this effort, still holding interests in his private companies, which do billions of dollars in business with and are regulated by the federal government. It’s a level of conflict of interest unlike anything we’ve seen in the modern era.The Administration vs. Public Officials (a.k.a. Trump’s Enemies). Along with terminating more than a dozen members of the U.S. Attorneys Office in Washington who’d worked on cases involving the Jan. 6, 2021, riot, the Trump administration began collecting the names of thousands of F.B.I. personnel who helped to investigate crimes associated with the attack on the Capitol. Several top-ranking officials at the agency have already been fired. The move offered an early glimpse at how Mr. Trump and his nominee to run the F.B.I., Kash Patel — who published a literal enemies list of “Executive Branch Deep State” members — might use federal law enforcement against the president’s political opponents. In perhaps the most disturbing warning to those who might think to question or defy him, Mr. Trump stripped several of his former advisers of security protection that was deemed necessary given credible threats by the Iranian government to assassinate them for actions they took under his direct order.The President’s Imperial Bluster and Attacks on Allies. Mr. Trump has spent weeks coyly suggesting the United States is on the verge of illegally seizing territory on three continents, leaving all levels of consternation in his wake. Then there are his long-planned, seemingly legal — even if extremely ill advised — tariffs. All the threats and insults have gained Mr. Trump some short-term concessions, but none are likely to make America’s economy stronger or make America safer in the world. Running roughshod over centuries-old alliances will hurt the targeted countries, but it also could compromise national security, raise the price of goods, disrupt global commerce, benefit adversaries like China and Russia that are eager to fill the void of an increasingly distrusted America.Public Health Imperiled. Robert F. Kennedy Jr., a vocal vaccine skeptic, has not been confirmed as Mr. Trump’s health and human services secretary yet. But the administration is already taking steps to weaken and wreck public and global health protections. On Thursday, The Times reported that the administration plans to reduce the staff of more than 10,000 Americans at the U.S. Agency for International Development to only about 300 people, and cancel nearly 800 awards and contracts the agency administered. The president — much less Mr. Musk — cannot shut down a federal agency without a vote by Congress. To do so is also illegal under the Constitution. More than half of U.S.A.I.D.’s spending in 2023 went to health programs intended to stop the spread of diseases, such as polio, Ebola, tuberculosis, H.I.V./AIDS and malaria or to humanitarian assistance to respond to emergencies and help stabilize war-torn regions. If you care about preventing the next pandemic or the pressures of global migration, U.S.A.I.D. is an investment you should want the United States to make.The President’s Anti-Civil Rights Blitz. Mr. Trump has issued a flurry of executive orders and pronouncements that set back decades of progress on civil rights and often openly defy the Constitution. He has especially targeted transgender Americans and has threatened federal funding for public schools that do not adhere to right-wing ideology about how history and race should be discussed. He has also found nearly daily excuses to rail against diversity, equity and inclusion policies, even blaming D.E.I. for the Jan. 29 air crash in Washington and strongly implying that any air traffic controller who is a woman or not white is inferior and has been given a job for the wrong reasons. And the new attorney general, Pam Bondi, announced on Wednesday that private companies that choose to maintain their own diversity and inclusion policies could be targeted for “criminal investigations.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Orders Halt to Aid to South Africa, Claiming Mistreatment of White Landowners

    President Trump on Friday ordered that all foreign assistance to South Africa be halted and said his administration would prioritize the resettling of white, “Afrikaner refugees” into the United States because of what he called actions by the country’s government that “racially disfavored landowners.”In the order, Mr. Trump said that “the United States shall not provide aid or assistance to South Africa” and that American officials should do everything possible to help “Afrikaners in South Africa who are victims of unjust racial discrimination.”It follows Mr. Trump’s accusation on his social media site on Sunday that the South African government was engaged in a “massive Human Rights VIOLATION, at a minimum.” He vowed a full investigation and promised to cut off aid.“South Africa is confiscating land, and treating certain classes of people VERY BADLY,” the president wrote in the post. “It is a bad situation that the Radical Left Media doesn’t want to so much as mention.”The order was stunning in providing official American backing to long-held conspiracy theories about the mistreatment of white South Africans in the post-apartheid era.Mr. Trump has made repeated claims without evidence that echoed those conspiracy theories. In 2018, he ordered his secretary of state to look into “the large scale killing of farmers” — a claim disputed by official figures and the country’s biggest farmers’ group.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More