What Could Go Wrong?

It really isn’t possible to keep track of the lawsuits being filed against the blizzard of Trump/Musk assaults on government and the rule of law. Suits have been filed by state Attorneys General, unions representing government workers, and a wide range of non-profit organizations challenging indiscriminate and uninformed “slash and burn” tactics.

It remains to be seen whether this lawless administration will comply with court rulings–and how far the rogue and corrupt members of the Supreme Court majority will go to accommodate Trump.

In the midst of all this is a lawsuit filed by Public Citizen, representing the Alliance for Retired Americans, the American Federation of Government Employees (AFGE), and the Service Employees International Union (SEIU) demanding “an immediate halt to the massive and patently illegal invasion of privacy being carried out by Elon Musk’s “DOGE” at the U.S. Treasury Department.”

The organization has described he basics of the lawsuit. 

The Treasury Department possesses sensitive personal and financial information for millions and millions of Americans who send money to or receive money from the federal government.

Federal laws protect such information from improper disclosure and misuse — including by barring disclosure to individuals who lack a lawful and legitimate need for it.

But instead of protecting Americans’ private information as required by law, Scott Bessent — Trump’s jillionaire Treasury Secretary — allowed DOGE full access to the data.And he punished the Treasury employee who — in accordance with his job duties and the law — tried to protect that information from improper access.

The lawsuit charges that “the scale of this intrusion into individuals’ privacy is massive and unprecedented.”

The complaint cites the legal framework for access to this information–the laws established by Congress to protect the information–and the fact that DOGE has ignored that framework and those laws, including the Privacy Act of 1974 and several IRS statutes.

A similar suit has been filed by attorneys general of 19 states who asked for–and received– an emergency temporary restraining order blocking Elon Musk and DOGE team from accessing Treasury payment systems. That suit alleged that allowing DOGE to view information maintained by Treasury’s Bureau of Fiscal Services (BFS) violates the Administrative Procedure Act (APA). The lawsuit noted that the payment files in question contain “sensitive personally identifiable information,” or PII, like bank account numbers, as well as “Federal Tax Information (FTI)” protected from unlawful disclosure under Code Sec. 6103 and “Automated Clearing House (ACH) data.”

During Trump’s first term, Americans were spared the effects of several potentially disastrous measures by the overwhelming incompetence of Trump’s cabinet, which was composed of cronies who had no idea how government worked and routinely ignored the legal processes necessary to accomplish their goals. (And those inept cronies look like geniuses compared to the collection of predators, toadies, nutcases and ignoramuses of Trump II.) 

During his first term, Trump largely obeyed the various adverse court rulings triggered by that ignorance. This time, there are sobering indications that our mad rulers–having neutered Congress– will also ignore the courts, eviscerating the Separation of Powers which is foundational to the nation’s legal system.

Currently, courts have issued decisions blocking DOGE from access to the sensitive, private information contained in Treasury’s files; the extent of DOGE’s compliance is, however, unclear.

 I shudder to think what a group of self-important 19-to-24-year-olds might do with the bank account information of millions of American citizens, let alone the other personal financial information in those files. But even if those IT interns are more trustworthy than they appear, respect for individual privacy is an important social good.

As one essayist has noted, 

In an era where digital footprints are ubiquitous and personal data is often treated as a commodity, the concept of privacy has never been more critical. Despite common arguments that dismiss privacy concerns with the assertion, “I have nothing to hide,” the importance of privacy extends far beyond concealing wrongdoing.

Respect for individual privacy is an essential element in keeping personal information from being misused. The more information that is available about an individual, the easier it is to exploit it via identity theft, phishing attacks, and other forms of cybercrime. 

The last paragraph of that linked essay is particularly applicable to the threat posed by Trump/Musk:

Accepting the “nothing to hide” argument can lead to the normalization of surveillance, resulting in a society where constant monitoring is the norm. This shift can erode the checks and balances that prevent abuses of power. In such a society, the line between public and private blurs, and the potential for governmental or corporate overreach grows, threatening the liberties of everyone, regardless of their behavior.

No kidding….

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