In the past week, Democrat-appointed judges have issued outrageous rulings to obstruct Trump’s agenda and cripple DOGE’s efforts to cut wasteful spending. Obama appointee Judge Paul A. Engelmayer blocked DOGE and even the Treasury secretary from accessing critical payment systems — another clear case of judicial overreach aiding the resistance.
Then on Monday, District Judge John J. McConnell Jr. ruled that the Trump administration violated a restraining order on White House spending freezes, effectively stripping the executive branch of its authority. His decision hands control of USAID-funded initiatives — many pushing leftist causes like transgender activism and DEI programs — to the courts.
These unprecedented moves threaten the fundamental principle that the executive branch has the power to manage its own administration without constant interference from activist judges.
On Friday night, U.S. District Judge John Bates dealt a significant blow to the radical left’s lawfare strategy hamstringing Trump and DOGE. The ruling confirmed that DOGE can, in fact, access key records from the Department of Labor, Health and Human Services, and the Consumer Financial Protection Bureau, casting doubt on the attempts by a coalition of left-wing unions and nonprofits to stifle this initiative.
Bates issued his ruling late on Friday, He declined the unions’ and nonprofits’ request for a temporary block on DOGE’s oversight, signaling a strong stance in favor of accountability. His opinion suggested that the government is likely justified in asserting that DOGE qualifies as an agency, further empowering its staff to engage with existing government departments and enhance oversight.
The judge’s ruling hinged on whether DOGE has the authority to “detail” its personnel to various federal agencies, allowing them — while working for those departments — to legally access sensitive records. For that to be the case, DOGE would need to be legally recognized as an “agency,” Bates explained.
Lawyers for the plaintiffs argued that DOGE is not an agency — because it was created via an executive order — and therefore is not entitled to detail its employees to parts of the federal government.
Curiously, lawyers for DOGE have attempted to avoid the “agency” label during court hearings despite its “strong claim” to agency status, Bates wrote.
“This appears to come from a desire to escape the obligations that accompany agencyhood” — such as being subject to the Freedom of Information Act, the Privacy Act and the Administrative Procedures Act — “while reaping only its benefits,” the judge wrote.
Ultimately, the disagreed with DOGE’s own interpretation of its status — determining it likely is an “agency” — and delivering it a surprise win by determining that DOGE has the authority to continue to access to sensitive records.
“For the reasons explained above, on the record as it currently stands and with limited briefing on the issue, the case law defining agencies indicates that plaintiffs have not shown a substantial likelihood that [DOGE] is not an agency. If that is so, [DOGE] may detail its employees to other agencies consistent with the Economy Act,” he wrote.
Elon Musk celebrated the ruling in a post on X:
LFG https://t.co/UNDNa3mVc7
— Elon Musk (@elonmusk) February 15, 2025
