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Tag: barring

Judge’s ‘hopelessly ambiguous’ order barring DOGE from Treasury sparks concern Bessent may also be locked out

A federal judge’s order barring DOGE from accessing Treasury Department data is vague enough that some legal experts believe it even blocks the agency’s secretary from reviewing records and systems, prompting Republicans to blast what they consider judicial overreach.

U.S. District Judge for the Southern District of New York Paul Engelmayer, an appointee of former President Barack Obama, issued a temporary restraining order Saturday that sided with 19 Democratic state attorneys general who claimed that giving DOGE “full access” to the Treasury’s payment systems violates the law. The lawsuit was spearheaded by New York Attorney General Letitia James, a longtime Trump foe who said her office is “prepared to fight back” after President Donald Trump’s November election win.

“The judge’s order is rightly being attacked as, at worse, barring the secretary of the Treasury from accessing the Treasury Department’s databases and at best, at being hopelessly ambiguous and confusing,” the Federalist’s senior legal correspondent Margot Cleveland told Fox News Digital on Sunday of the order.

The judge’s sweeping order, issued Saturday, bars DOGE from accessing the Treasury system until at least Feb. 14, when Engelmayer scheduled a hearing to revisit the matter.

ELON MUSK ALLEGES $50B IN FRAUD AT TREASURY AFTER JUDGE BLOCKS DOGE AUDIT

Scott Bessent testifies before a Senate Finance Committee hearing on his nomination to be secretary of the Treasury, on Capitol Hill, on Jan. 16, 2025. (Andrew Caballero-Reynolds/AFP via Getty Images)

The language of the order specifically bars “political appointees, special government employees, and any government employee detailed from an agency outside the Treasury Department access to Treasury Department payment systems or any other data maintained by the Treasury Department containing personally identifiable information.” Trump, Secretary Scott Bessent and the U.S. Treasury are named as defendants in the case.

FEDERAL JUDGE BLOCKS ELON MUSK’S DOGE FROM ACCESSING TREASURY RECORDS AFTER DEMOCRATIC AGS FILE LAWSUIT

President-elect Donald Trump and Elon Musk arrive to view a launch of the SpaceX Starship rocket on Nov. 19, 2024, in Brownsville, Texas. (Brandon Bell/Getty Images)

Conservatives and legal experts on social media have slammed the language of the order for reportedly also barring Bessent from Treasury data.

Fox News Digital reached out to the Treasury, White House and the Southern District on Sunday for comment, but did not immediately receive replies.

ELON MUSK’S DOGE MAKES ANOTHER HIRING PUSH

“To comprehend how bad Judge Engelmayer’s decision was granting [a temporary restraining order] barring the Secretary of the Treasury Dept as well as DOGE & every other political appointee from accessing data, you need to compare to parallel case where a judge denied injunction,” Cleveland posted to X.

Others on social media argued the order does not bar Bessent from accessing the data, only barring him from granting access to the data to political appointees, special government employees, and government officials outside of the Treasury Department.

Cleveland told Fox News Digital on Sunday that beyond the vague language in the order, the attorneys general lack standing to challenge DOGE and the Treasury.

PRESIDENT TRUMP PREDICTS ELON MUSK WILL FIND ‘HUNDREDS OF BILLIONS’ IN WASTE IN NEXT DOGE DIRECTIVES

“There is a more fatal flaw to the [temporary restraining order]: The Plaintiffs utterly lack standing to challenge DOGE and the Treasury Department’s decision to grant read-only access to select members of that executive agency’s team. With read-only access, DOGE cannot possibly use access to the Treasury Department’s system to freeze grants to the Blue States or their citizens; nor does such read-only access subject Plaintiffs to a higher hack-risk. And without standing, there is no basis to bring a lawsuit, much less to justify the TRO,” she said.

Elon Musk and Treasury Secretary Scott Bessent (Getty Images)

Bessent sent a letter to Congress early last week detailing that DOGE was given “read only” access to the Treasury data, and that the investigation has “not caused payments for obligations such as Social Security and Medicare to be delayed or re-routed.”

DOGE, led by Musk, has been on an investigation blitz of the federal government to stamp out government overspending and fraud. Musk reported after Engelmayer’s ruling that DOGE had already reportedly uncovered fraud at the national treasury.

“[Friday], I was told that there are currently over $100B/year of entitlements payments to individuals with no SSN or even a temporary ID number. If accurate, this is extremely suspicious,” Musk wrote hours after the ruling.

“When I asked if anyone at Treasury had a rough guess for what percentage of that number is unequivocal and obvious fraud, the consensus in the room was about half, so $50B/year or $1B/week!! This is utterly insane and must be addressed immediately.”

Vice President JD Vance also weighed in on the order Sunday, slamming it as a judge trying to control “the executive’s legitimate power.”

PALANTIR CEO TOUTS ELON MUSK’S DOGE, ABILITY TO HOLD ‘SACRED COW OF THE DEEP STATE’ ACCOUNTABLE

“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,” he posted to X.

Vice President JD Vance claps at campaign event. (Getty Images)

Musk seethed following the order that Engelmayer should be “impeached.”

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“A corrupt judge protecting corruption. He needs to be impeached NOW!” he said in response to another social media post reporting Bessent was reportedly blocked from accessing his own agency’s data.

Fox News Digital’s Andrea Margolis contributed to this report.

February 9, 2025
Trump expects USOPC, NCAA to comply with executive order barring men from women’s sports

President Donald Trump expects the U.S. Olympic and Paralympic Committee (USOPC) and the NCAA to comply with his executive order barring biological men from women’s sports, White House press secretary Karoline Leavitt said at a briefing on Wednesday.

Trump will sign the No Men in Women’s Sports executive order later in the day. Leavitt was asked in the briefing how the order will affect the 2028 Summer Olympics, which will take place in Los Angeles.

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President Donald Trump speaks before signing an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025. (AP Photo/Evan Vucci)

“He does expect the Olympic committee and the NCAA to no longer allow men to compete in women’s sports,” Leavitt said. “I think the president, with the signing of his pen, starts a very public pressure campaign on these organizations to do the right thing for women and for girls.

“Again, this is an incredibly popular position. There have been many notable female athletes who have had the courage to speak out against some very powerful institutions in this country. They deserve to have a voice and a say. The president is bringing their voice to the highest level of the White House. He expects these organizations to comply with this federal executive order he will be signing today.”

The U.S. Olympic team has not featured a transgender woman. It has featured an athlete who was transgender nonbinary. Laurel Hubbard, a transgender woman, competed in weightlifting for the New Zealand team. Canadian soccer player Quinn came out as nonbinary and transgender in 2020.

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White House press secretary Karoline Leavitt addresses reporters, Friday, Jan. 31, 2025. (AP Photo/Evan Vucci)

The 2024 Paris Olympics included a gender controversy concerning two boxers who competed in the women’s division. The International Olympic Committee made clear each boxer was eligible to compete in female weight classes.

Trump made fairness in women’s sports a major campaign issue on his way to winning the presidential election over former Vice President Kamala Harris in November.

At the beginning of January, a federal judge blocked the Biden administration’s attempt to redefine sex in Title IX as “gender identity.” Then, Trump’s Department of Education told K-12 schools and higher learning institutions that Title IX protections would be recognized on the basis of biological sex.

Trump made clear in December he was going to end the “transgender lunacy.”

Fox News Digital reached out to the IOC, USOPC and the NCAA for comment on Trump’s executive order.

NCAA president Charlie Baker spoke to Congress about trans inclusion in collegiate sports in December.

A view of the Olympic rings in Paris. (AP Photo/Aurelien Morissard, File)

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“We’re a national governing body and we follow federal law,” he said at the time. “Clarity on this issue at the federal level would be very helpful.”

Follow Fox News Digital’s sports coverage on X and subscribe to the Fox News Sports Huddle newsletter.

Ryan Gaydos is a senior editor for Fox News Digital.

February 5, 2025
‘Unusual order’ barring commuted J6 defendants from DC, Capitol raises constitutional implications: expert

An order barring commuted Jan. 6 defendants from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, one legal expert says.

In a filing Friday, Judge Amit P. Mehta specified the order applied to “Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel, and Joseph Hacket,” whose sentences were commuted. Those pardoned are not subject to the order.

Rhodes, founder of the Oath Keepers, was previously seen in the Capitol complex’s Longworth House Office Building. He was convicted of seditious conspiracy.

PRO-LIFE PROTESTERS PARDONED BY TRUMP, FOX CONFIRMS

The order states, “You must not knowingly enter the District of Columbia without first obtaining the permission from the Court.” It adds, “You must not knowingly enter the United States Capitol Building or onto surrounding grounds known as Capitol Square.”

An order barring commuted Jan. 6 defendants from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, one legal expert says. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

The filing says the order is effective as of Friday at noon. Later that day, the Justice Department filed a motion seeking to lift the order.

“If a judge decided that Jim Biden, General Mark Milley, or another individual were forbidden to visit America’s capital — even after receiving a last-minute, preemptive pardon from the former President— I believe most Americans would object. The individuals referenced in our motion have had their sentences commuted — period, end of sentence,” Acting U.S. Attorney Edward Martin said in a statement.

“This is a very unusual order,” Jonathan Turley, Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University, told Fox News Digital. “The judge is relying on the fact that the sentences were commuted, but the defendants did not receive full pardons.”

COMMUTED JAN. 6 DEFENDANTS BARRED FROM DC, CAPITOL BUILDING BY FEDERAL JUDGE

Ron Coleman, counsel at Dhillon Law Group, called the order “novel.”

Stewart Rhodes, founder of the Oath Keepers was convicted of seditious conspiracy. (AP Photo/Susan Walsh, File)

“It is unclear what basis the court would have to assert jurisdiction over someone who has been pardoned for the conviction that is presumably the basis for the order or what the legal grounds are for making Washington, D.C., the kind of national capital, like Moscow in the old USSR, that a citizen needs permission to enter,” Coleman said.

NANCY PELOSI SLAMS TRUMP’S ‘SHAMEFUL’ PARDONS OF JAN. 6 DEFENDANTS

Turley said that although the new order could “prove a factor” in President Donald Trump extending a full pardon to those with commuted sentences, “it’s not clear whether an order will prompt Trump to reconsider his decision to offer only commutations.”

Turley noted that the order could raise constitutional challenges, including First Amendment implications.

Trump pardoned nearly all Jan. 6 defendants earlier this week after promising to do so at his inaugural parade. (Reuters/Carlos Barria)

“I think the court is effectively barring these individuals from being able to associate or petition government officials without the prior approval of the court,” Turley said. “That could raise questions under the First Amendment.

“I expect this will be challenged by these individuals.”

Trump pardoned nearly all Jan. 6 defendants earlier this week after promising to do so at his inaugural parade.

DOJ CONSIDERS CHARGING 200 MORE PEOPLE 4 YEARS AFTER JAN. 6 CAPITOL ATTACK

Trump signed off Monday on releasing more than 1,500 people charged with crimes from the Jan. 6, 2021, attack at the U.S. Capitol. The order required the Federal Bureau of Prisons to act immediately on receipt of the pardons.

Those pardoned in his initial order included Enrique Tarrio, the former Proud Boys chairman who faced a sentence of 22 years in prison for seditious conspiracy.

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Fox News’ David Spunt, Diana Stancy and Jamie Joseph contributed to this report.

Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.

January 24, 2025
DOJ requests order barring commuted J6 defendants from DC be lifted

The Justice Department filed a motion Friday asking to lift the order imposed on commuted Jan. 6 defendants barring them from entering Washington, D.C., and the Capitol building. The order was issued by a federal district judge earlier in the day.

In that order, Judge Amit P. Mehta specified it applied to “Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel, and Joseph Hacket,” whose sentences were commuted.

Those pardoned are not subject to the order.

The order states, “You must not knowingly enter the District of Columbia without first obtaining the permission from the Court,” and, “You must not knowingly enter the United States Capitol Building or onto surrounding grounds known as Capitol Square.”

TRUMP PARDONS FORMER DC POLICE OFFICERS CONVICTED IN DEATH OF MAN DURING DEADLY PURSUIT

People are seen climbing the west wall of the U.S. Capitol in Washington, on Jan. 6, 2021. (AP/Jose Luis Magana)

The filing says the order is effective as of Friday at noon.

Rhodes, founder of Oath Keepers, was previously seen in the Capitol complex’s Longworth House office building. He was convicted of seditious conspiracy.

Acting U.S. Attorney Edward Martin filed a motion later Friday to lift all release conditions on the defendants.

“As the terms of supervised release and probation are included in the ‘sentences’ of the defendants, the Court may not modify the terms of supervised release,” the filing reads.

President Donald Trump pardoned nearly all Jan. 6 defendants earlier this week, after promising to do so at his inaugural parade.

President Donald Trump holds a document on the day he issues executive orders and pardons for January 6 defendants in the Oval Office at the White House on Jan. 20, 2025. (REUTERS/Carlos Barria)

Trump signed off on releasing more than 1,500 charged with crimes stemming from the Jan. 6, 2021, attack at the U.S. Capitol on Monday. The order required the Federal Bureau of Prisons to act immediately on receipt of the pardons.

Those pardoned in his initial order included Enrique Tarrio, the former Proud Boys chairman, who faced a sentence of 22 years in prison for seditious conspiracy.

SCHUMER BLASTS TRUMP’S J6 PARDONS AS ‘UN-AMERICAN’

Several prominent figures on the Hill came after Trump and his decision to pardon the defendants.

Senate Minority Leader Chuck Schumer, D-N.Y., told reporters the pardons were “deeply un-American.”

A federal district judge issued an order Friday barring certain Jan. 6 defendants with commutations from entering Washington, D.C., or the U.S. Capitol building. (Fox News Digital)

“There is no other way to describe President Trump’s pardon of Jan. 6th defenders than un-American,” Schumer said. “It is so deeply un-American to do that, to pardon. And let’s be clear, President Trump didn’t just pardon protesters. He pardoned individuals convicted of assaulting police officers. He pardoned individuals convicted of seditious conspiracy. And he pardoned those who attempted to undermine our democracy.”

TRUMP REVOKES SECURITY CLEARANCES OF 51 INTEL OFFICIALS WHO SIGNED DISCREDITED HUNTER BIDEN LAPTOP LETTER

Former Speaker of the House Nancy Pelosi, D-Calif., called Trump’s pardon “shameful,” and “a betrayal” to those police officers “who put their lives on the line to stop an attempt to subvert the peacefyl transfer of power.”

President Donald Trump signed off on releasing more than 1,500 charged with crimes stemming from the Jan. 6, 2021 attack at the U.S. Capitol on Monday. (Carlos Barria/Reuters)

“The President’s actions are an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution,” Pelosi said in a statement posted to X, formerly known as Twitter.

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Fox News Digital’s Diana Stancy and Jamie Joseph contributed to this report.

Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.

January 24, 2025
Veterans groups plead with Trump to reconsider barring Afghan allies amid immigration crackdown

Multiple veterans groups sent a letter to President Donald Trump on Thursday, urging him to reconsider a recent executive order regarding immigration and refugee programs, citing concerns about the safety of Afghan interpreters and their families who helped the U.S. military.

The executive order, the Realigning the United States Refugee Program, will go into effect on Monday and suspend the U.S. Refugee Admissions Program (USRAP).

Trump’s order immediately pauses all processing and movements for USRAP refugees, who are referred due to threats from their association with the U.S. – such as family members of service members, and Afghan partner forces.

Special Immigrant Visas (SIVs), people who directly worked for or supported the U.S. government – which includes interpreters and contractors, do not appear to be directly impacted.

2 AMERICANS RELEASED IN EXCHANGE FOR TALIBAN PRISONER

President Donald Trump signs a series of executive orders at the White House on January 20, 2025, in Washington, DC. (Jabin Botsford /The Washington Post via Getty Images)

They could, however, be indirectly affected by implementation decisions or additional orders, according to #AfghanEvac, a non-profit that helps facilitate relocation and resettlement of Afghan U.S. allies.

The veterans groups wanted to highlight “unintended consequences” of the order, claiming it could adversely affect the mental health of countless veterans.

The letter, obtained by Fox News, discussed the bonds many service members and veterans formed with Afghan partners who supported the global war on terror, often at great personal risk to themselves and their families.

“The current suspension of certain pathways for these allies may unintentionally penalize individuals who could be eligible for Special Immigrant Visas (SIVs) but do not currently hold them — not because they do not meet the qualifications, but because of the chaotic and disorganized nature of the withdrawal from Afghanistan under the previous administration,” the letter read.

Taliban holds a military parade with equipment captured from U.S. army in Kandahar, Afghanistan on November 8, 2021. (Murteza Khaliqi/Anadolu Agency via Getty Images)

The groups said they “fully support” Trump’s goal of prioritizing American security, but believe there is a clear opportunity to address the issue without harm to Afghan partners.

The executive order argues that the entry of additional refugees would be “detrimental to the interests of the United States,” but notes the Secretary of State and the Secretary of Homeland Security can jointly make exceptions and admit refugees on a case-by-case basis when in the national interest, and there is no threat to America’s security or welfare.

Noting concerns about Afghan partners being deported “erroneously,” the groups said the partners’ immediate family members, who face serious threats from the Taliban may lose their hopes of safe passage.

GOLD STAR FAMILIES DEVASTATED BY BIDEN’S BOTCHED AFGHANISTAN WITHDRAWAL ENDORSE HEGSETH FOR SECDEF

They asked the president to consider SIV-eligible allies and their families, to prevent them from being “inadvertently cast aside due to lapses that occurred under the botched withdrawal,” according to the letter.

“This approach would protect those who have risked their lives for our country while reinforcing your administration’s clear commitment to national security,” they wrote.

USRAP has no impact on illegal immigration, according to #AfghanEvac. Refugees must be vetted before entering the U.S., and crossing the border without authorization voids their eligibility.

Chad Robichaux, a U.S. Marine Corps force recon veteran and Department of Defense contractor, told Fox News he spent years of his life protecting American lives domestically and internationally, but the sacrifice was not made solely by U.S. service members.

Taliban fighters patrol on the road during a celebration marking the second anniversary of the withdrawal of U.S.-led troops from Afghanistan, in Kandahar, south of Kabul, Afghanistan, on Tuesday, Aug. 15. (AP/Abdul Khaliq)

“Afghan interpreters risked their lives for two decades alongside us to defeat the evils of the Taliban,” Robichaux said. “When Afghanistan fell, I personally went to rescue my interpreter Aziz from the clutches of that very evil, delivering him to American soil. President Trump is honorably taking strong steps to keep this hallowed soil safe. But in doing so, [it] places these same Afghans in jeopardy. These Afghan Allies have demonstrated more patriotic courage than some of our own citizens, and I am asking for their due protection in the midst of these sweeping security measures.”

The suspension effectively leaves thousands of Afghan allies stranded in limbo, according to #AfghanEvac. The organization claims at least 10 to 15,000 individuals are fully vetted and awaiting flights in Afghanistan, Pakistan and other countries.

TRUMP ORDER PUTS THOUSANDS OF AFGHAN ALLIES WAITING FOR US RESETTLEMENT IN LIMBO

Groups that signed the letter included: Save Our Allies; Sheepdog Response; The Verardo Group; The Independence Fund; Diesel Jack Media; Special Operations Association of America; and Mighty Oaks Foundation.

Tim Kennedy – a Green Beret, former UFC fighter, founder of Sheepdog Response, and president of Save Our Allies – told Fox News it is the nation’s duty to protect its allies.

“I’ve served with the most patriotic heroes our nation has to offer. I’ve watched them brilliantly and valiantly sacrifice life and limb to protect the United States,” Kennedy said. “Among those patriots are the Afghan men who risked threat and brutality from the Taliban to defend the freedom and American ideals we hold dear.”

Tim Kennedy during weigh-ins for UFC 206 at Air Canada Centre. (Tom Szczerbowski-USA TODAY Sports)

There are still 150,000 to 250,000 Afghans seeking settlement, according to #AfghanEvac. An estimated 40,000 to 60,000 are refugees under USRAP.

“The Biden administration is responsible for our blood-soaked exit from Afghanistan,” Kennedy said. “The Allies we served beside didn’t receive the promise we offered them. I applaud the necessary and exemplary efforts President Trump is making to secure our country from foreign threats, but it is our duty to protect and preserve the sanctity of our promise to those Afghan allies. In many cases, we owe them our lives, and we must let this be their home.”

Since the end of the war in 2021, some 180,000 Afghans have resettled in the U.S., Fox News Digital reported.

Many of those who are still waiting for refugee approval are hiding out in Pakistan, fearful of deportation back to Afghanistan.

President Joe Biden speaks in the Rose Garden at the White House, Tuesday, Nov. 26, 2024, in Washington. (AP Photo/Manuel Balce Ceneta)

Daniel Elkins, CEO of Special Operations Association of America, said he is “certain there would be more Americans in Arlington cemetery if it weren’t for Afghans who risked their lives to help us, and now is the time for us to help them.”

Rep. Michael McCaul, chairman emeritus of the House Foreign Affairs Committee, told Fox News he looks forward to continuing to work with Save Our Allies as they advocate for all Afghan allies former President Joe Biden “abandoned.”

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“Unlike President Biden who consistently dismissed pleas from veterans and service members to help their Afghan allies, President Trump cares about America’s veterans and service members and will listen to them,” McCaul said.

The White House did not immediately respond to Fox News Digital’s request for comment Thursday night.

Fox News Digital’s Morgan Phillips contributed to this story.

Alexandra Koch is a breaking news writer for Fox News Digital. Prior to joining Fox News, Alexandra covered breaking news, crime, religion, and the military in the southeast.

January 24, 2025