MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION TO DISSOLVE,
CLARIFY, OR MODIFY EX PARTE TEMPORARY RESTRAINING ORDER
At approximately 1:00 a.m. on Saturday, February 8, 2025, this Court issued an ex parte
Temporary Restraining Order that purported to
limit access to a vast swath of Treasury systems to only “civil servants,”
while prohibiting “all political appointees” from doing the same.
On its face, the Order could be read to cover all political leadership within Treasury—including even Secretary
Bessent. T
This is a remarkable intrusion on the Executive Branch that is in direct conflict with Article II of the Constitution, and the unitary structure it provides.
There is not and cannot be a basis for distinguishing between “civil servants” and “political appointees.” Basic democratic accountability requires that every executive agency’s work be supervised by politically accountable leadership, who ultimately answer to the President.
A federal court, consistent with the separation of powers, cannot insulate any portion of that work from the specter of political
accountability. No court can issue an injunction that directly severs the clear line of supervision Article II requires.
Because the Order on its face draws an impermissible and anti-constitutional distinction, it should be dissolved immediately
This order basically puts the Deep State in charge of the United States government. As it puts them as the only ones with the authority to know how tax money is being or has been spent.
http://storage.courtlistener.com/recap/gov.uscourts.nysd.636609/gov.uscourts.nysd.636609.12.0.pdf
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